Can I still keep my permanent resident status if I withdraw money while married and he divorces for home abandonment?

UPDATED: Jan 13, 2012

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Can I still keep my permanent resident status if I withdraw money while married and he divorces for home abandonment?

I am a legal US permanent resident and married in good faith. My husband and I have a joint checking account. I am out of the US and was most of the time, due to major personal issues, one of them was because my security in his household was in danger. He has a felon son who posts threatening things against my life. If I withdraw money from our still joint account and he files for divorce himself stating that I abandoned the household, is my US permanent status affected somehow?

Asked on January 13, 2012 under Immigration Law, Colorado


Dustin Bankston / Bankston Immigration Law Office

Answered 11 years ago | Contributor

You situation depends on whether you have a condition on your green card still.  If your condition has already been removed, divorce won't affect your green card.  If you still need to get the condition removed, then you'll have to apply for a waiver when it comes time to renew the condition if you husband or ex-husband won't petition with you jointly.

I do see another issue because you say that you have been out of the U.S. most of the time.  You should be careful, because you may have been deemed to have abandoned your residence in the U.S. if you live more than half of the year abroad.

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