K Visa Married for 2 years... Now ending in divorce... Can I still live in US??

[tkuni]

I have been married to my husband for a little over two years. He is from Japan and I am a citizen of the US that lives in Hawaii. After we were married we got him his green card which will be expiring in March of 2008. I still love my husband very much and would like to help him out in some way, so I wanted to ask ANYONE who might be able to help me.... Will my soon to be ex-husband still be able to live in the United States and still keep his green card even after we finalize divorce?? We will be getting divorced at the end of this month. If so, what steps should he take in order to ensure the status of his green card and option to live in the US?? HELP!!!

Tami

 

[mafioso]

I am guessing he still has a temporal green card……If it is temporal, the decision on if he is allowed to stay here would be the discretion of immigration authorities. If they believe the marriage was valid but just did not work out, they could cut him some slack. They could as well give him a date to leave the US. There is no fix answer…….it is a case by case basis and I can't guess if he would have an understanding officer on his case. His stay is at their discretion……They would evaluate his life here, work and other factors he will present why he should be allowed to stay. The best you can do is to offer to work with his immigration lawyer when the time comes. He would have been out of the danger of going back if you guys divorced after his final interview(before march 08) when he will be given a permanent green card valid for ten years. Talk to his lawyer now so he would give you more details….... on what to do which would give him the best chance. The lawyer is the only one who can tell you how based on his file.....The info here is limited for me to tell you more. There are some options his lawyer will tell you…. Unfortunately I can't suggest or be a part of for proffessional reasons………good luck!