What happens to my child’s status if I decide to divorce my US husband?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens to my child’s status if I decide to divorce my US husband?

I am a 10 year green card holder, my soon-to-be-ex husband is a US citizen. We married for about 4 years. My husband sponsored my child and now he has a pending I-751. What influence would be if we file divorce? Can I file green card for my minor child alone after our divorce? How to maintain their legal residence status in the U.S when in the waiting period?

Asked on March 28, 2012 under Immigration Law, Georgia

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 12 years ago | Contributor

I assume you husband sponsored your child before your marriage was 2 years old. Thus, if you divorce, your child's I-751 can be filed under a Bona Fide Marriage Waiver. You would need to show strong proof of your marriage, joint accounts, bills, taxes, etc. to prove the marriage.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your green card is safe if you are a 10 year green card holder.  Your child (does not make sense why there would be a pending I-751 for a child when usually those are not conditional types of status anyway) ( Please clarify).  If you divorce, you can maintain your status regardless and so should your child.  Again, it is not clear why there would be a I-751 needed for a child.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption