3. Ask Visalaw.com
In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
* * *
1)
1) Question:
I am a U.S. citizen. I sponsored my wife for a green card and she received a two-year temporary green card. My wife is supposed to apply for a permanent green card before the end of the two years, but we are separated and will be divorcing. Do I have an obligation to continue to sponsor my wife to get her permanent green card even though we are divorcing? Will I have a financial support obligation after the marriage ends?
Answer:
Your wife received a two-year conditional green card because you were married less than two years at the time she was granted permanent residence. Normally she would be required to apply to have the condition removed during the 90 day period before her green card expires. If she was married and living with you at that time, the two of you would file a joint application to remove the condition from her residence. The point of this application is to show that this was a bona fide marriage and she did not get married for the sole purpose of receiving a green card. However, since you have separated before she could obtain her 10-year unconditional green card, then she will need to file an application requesting a waiver of a joint application to remove the condition. She should file this application after the divorce is finalized. This waiver application does not require you to apply jointly with her. So you do not have an obligation to join your wife in her application to remove the condition from her residence.
However, even after your divorce has been finalized, you will still be obligated under the Affidavit of Support you filed on behalf of your wife. Whether or not this requires you to provide financial support for your wife after the marriage is a matter of debate in the courts and may depend on where your divorce is filed. But if your wife obtains certain welfare-type benefits from the government, it is clear that the U.S. government can sue you for the amount paid out to her. The obligations under an Affidavit of Support continue until she becomes a U.S. citizen, until you can show that she has worked for at least 40 quarters in the U.S., or until one of you dies.
2) Question:
My purse was stolen along with my green card. I was planning on taking a trip abroad soon, but I can't travel without my green card. Can I replace my green card quickly in order to be able to take my trip? I am eligible to apply for naturalization. Would it be quicker to become a citizen?
Answer:
In order to travel abroad, you will need to file an application to replace your stolen green card. If you have not already done so, you should file a police report on your stolen purse. USCIS often likes to see a copy of the police report when a Permanent Resident claims their green card has been stolen.
Right now it is taking several months for USCIS to replace a lost green card. However, if you need to travel before then you can get an I-551 stamp put in your passport. The I-551 stamp is temporary proof of Permanent Residence. To get the stamp you will need to make an Infopass appointment at your local USCIS office. You will need to bring your receipt notice that you will receive from the application to replace your card, your passport, and proof of your upcoming trip such as a copy of your ticket. Some USCIS offices will not grant the stamp more than 30 days before the trip.
If you have lost your green card or had it stolen, or if your green card has expired, you will need to file an application to renew or replace your green card before you can apply for naturalization. You do not have to wait for the new card to apply for naturalization. You can file the application for naturalization with the receipt notice from the application to renew or replace your green card.