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

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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 9 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 9 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.


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