If my wife doesn’t apply for the permanent green card and stays in the U.S. until the baby is born, approximately 6 months after her temporary green card expires, will there be any consequences?



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If my wife doesn’t apply for the permanent green card and stays in the U.S. until the baby is born, approximately 6 months after her temporary green card expires, will there be any consequences?

My wife came here on a marriage visa from Turkey. she got her temporary card and she conceived a child right away. Unfortunately, the marriage is not working out and I do not want to be with her any longer. She would like to return to her home country to see her family and I am afraid she will stay there with our baby she is pregnant again. Her green card expires next month and she is supposed to apply for the permanent one. I told her to wait until she has the baby to go back to her country because I am scared of the baby being born there and not having citizenship here. Will they ask her to appear in court? Will they grant her a green card if she changes her mind at that point or later on? Will they arrest her? Will she be able to live in the U. S. freely?

Asked on April 8, 2019 under Immigration Law, Oregon

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If her green card is due to expire, she should absolutely apply to remove the conditional status even if you are no longer in a bona fide marital relationship.  She can still get the green card on her own if she can show that the marriage was bona fide at the time it was entered into and through its termination.  That way she will not be violating her status and she will have legal status in the US.  If she chooses to leave the US and not return, that is up to her and she will most likely lose the green card.  However, if she leaves but does not stay outside the US for too long, she will not jeopardize her status and will be able to return to the US as a green card holder.


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