LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

JJ,

If your wife files for divorce, your immigration status may not be affected if you can show that your marriage was a valid one. I would suggest that you consult with an attorney who can advise you about your personal situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hello, I have been in the U.S. for the last 3 years as a student, I met my future wife. we got married about 5 months ago and now we are going through some tough times. She is threatening me with a divorce and everything. I am just trying to keep it safe because at this point I don't know what she is going to do so I am looking for an advice. We just applied for my legal status to be changed from a student to a resident but no documents were received yet. My question is, what if she divorces me, will I need to leave the country? I have some business lined up to begin in 2 months and there is some serious money involved in it, if I can't stay here I need to pull out the money now, not to lose it.

-- Contributed by: JJ

Brian,

No worries about the duplicate comments. If the divorce is finalized after your wife gets her green card, it will not affect her immigration status. Being married for 10 years and having two children would indicate that your marriage was valid. You can check out the Green Card Divorce article to get more information, and I would suggest that you get advice from an immigration lawyer as well as a divorce lawyer for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for 10 years to an immigrant. I was informed by the INS early on, that because we were married prior to her temporary visa expiring, that she's here legally. We have had 2 children together, 3 years apart. We are going to be divorcing, but have postponed it until we get the papers done, in the interest of the kids. Again, the marriage was real, not in the interest of her getting residency (she doesn't even like it here), but are worried about her being deported due to our divorce. I have been told that so long as the marriage isn't legally terminated, and the marriage was bona fide, that there should be no problem in the filing process, regardless of our current intentions. She has been told that if the INS gets "wind" of our "intention" to divorce, she'll be deported immediately.

Should we be worried?

-- Contributed by: Brian

Mike,

Your wife's immigration status and the divorce are two separate issues. I would suggest that you contact U.S. Immigration Citizenship and Immigration Services to get more information about this specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for a little over 2 years with an illegal alien. She came in legally her visa expired and then we got married. We started the process but did not get very far. Now we are separated and waiting for the divorce to go thru. I understand if she does not signed the papers we have to wait 2 years until we are divorced. What can happen to her in the mean time?

-- Contributed by: Mike

Thank you. I think I will just have to do that - I want to get remarried, and I can't believe I have to deal with this six years after I thought I was divorced!?!

-- Contributed by: Kelly

Kelly,

If you can't work out a settlement between the two of you, you will have to go before a judge to get it resolved. Ask your lawyer to have the matter put on the list for a hearing.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I was married to a Canadian who got his green card when we were still married (and we had a child.) After our divorce was granted in 2003 (but not finalized) he was deported on the Patriot Act. He is not being cooperative in finalizing the divorce. My child has been living with my parents for pretty much the entire time after the divorce was granted. How can I get it finalized without his involvement?

-- Contributed by: Kelly

Andrea,

A divorce lawyer can provide you with the information you need. You can file for divorce in Connecticut, since that is where you now live. A change in your marital status shouldn't affect your residency status if you have already been given your green card.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and I migrated to the US 15 years ago,we both have our green cards. We were married under mexican laws. Unfortunately we're not getting along. We live in Connecticut. Can we get a divorce here in the US? Will it affect our residency? How will divorce in the US affect our marriage in Mexico? Where can I get some legal information about our problem?

-- Contributed by: Andrea

Thank you so much for your advice! :)

-- Contributed by: James

James,

If you want to get a divorce, then you would file in the state where you are living. Once the divorce is granted, it would be recognized by other jurisdictions, and you would not need to get an annulment first. Once you have your green card, your residency status should not change. A lawyer can provide you with advice for your specific cir...stances.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife and I migrated to the US in March 2006,we already have our green cards,unfortunately we're not getting along. Can we get a divorce here in the US? Will it affect our residency? How will divorce in the US affect our marriage in our country of origin? Do we need to get our marriage annuled first in our country of origin before we can get divorced in the US?

-- Contributed by: James

I'm a permanent resident here in CA. Since same sex marriage has been granted, if I marry my girlfriend can I file a petition of residency for her?

-- Contributed by: wendy

Ericka,

In a situation where you don't know where your spouse is, you have the option of service by publication. A notice is place in the newspaper informing him that you have started divorce proceedings. You will need to show that you have taken steps to locate him first, though. These steps may include contacting his family, conducting a search online, etc. Your lawyer will be able to explain the exact procedure to you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How do I divorce an alien resident, if I lost contact with him and can not find him. I live in the U.S. and he does not. The marriage happenend less than one year ago.

-- Contributed by: Ericka

JG,

Your girlfriend would still have to apply for citizenship. Please visit the U.S. Citizenship and Immigration Services web site for more information:

http://www.uscis.gov/portal/site/uscis

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi,

I wish to marry my girlfriend next month. She is a permanent resident alien. (She has her green card) My question is if she marries me dose that make her a US Citizen or does she still have to apply for citizenship. Also does being married to me afford her any benefits?

-- Contributed by: JGSearles

Ralph,

Your wife can start divorce proceedings at any time.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

How long does my wife have to wait before she can divorce me after she got her citizenship

-- Contributed by: ralph

Joe,

Your friend's permanent resident status won't change if her husband starts divorce proceedings unless it can be shown that the marriage was a sham. I would suggest that she consult with an immigration lawyer to get advice about her specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have an immigration question. I have a friend that is here on a marriage green card. She has been married for almost 2 years. Her next interview, which is her last in the process, is coming up in a couple months. Her husband is threating to divorce her and have her deported. What are her options to stay in the US and finish the process? She is scared and I would like to find her some help. Any information would be greatly appreciated.

-- Contributed by: Joe

Joesph,

Since you have been married for more than two years and you married in good faith, it's likely that the only consequence is that you will have to wait longer to be granted citizenship. I can understand that you are hurt and upset to find out that your wife has been unfaithful. If you decide that ending your marriage is the right decision, see a lawyer to get the appropriate advice for your situation before you separate, if possible. You want to make sure that you have the information necessary to make a wise decision.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Me and my wife have been married for 2 1/2 years, and I just found out on tuesday that my wife who is a(citizen) has been cheating on me for 5 months. I am truly devastated by it. And i am comtemplating a divorce but I wanted to know how it would affect me in the immigration process. Since it was her who didn't live up to our wedding vows. We married in good faith and have property together but,no kids. Help!!!!!

-- Contributed by: Joesph

Mike,

If your wife is a permanent resident, you cannot have her deported simply because the two of you are divorcing. This article on alimony will help to answer some of your questions: http://divorce.lovetoknow.com/Alimony

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife has a perm. resident card. We are planning on filing for divorce. What are my rights as far as Allimony. I can't pay thousands and lose it all? She can work and has legal right to work. She is 34 and I am 48. We bougth property together in Florida. We also bought property in Brazil.

Someone asked me if she planned this out? I cant say for sure. Could I have her sent back to Brazil?

-- Contributed by: Mike

Mike,

If your girlfriend has been divorced in the United States, she is no longer married.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, My girlfriend got a divorce here in Florida from her Venezuelan husband, as she is originally from Venezuela, does she still need to get a divorce from the country she was married in?

-- Contributed by: mike

Christina,

If you were married for less than two years, then your husband's permanent residency status may be termninated. If you can demonstrate that the two of you married in good faith, he can receive a waiver. I would recommend that your husband consult with an immigration attorney to get advice for his situation. I would think that withholding information about your separation wouldn't help his case if the information came to light later on; if you are not truthful about your marital situation, immigration officials may be suspicious that you are not being truthful about marrying in good faith.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I married in good faith. He has his conditional greencard and the conditions were due to be lifted in august. Despite repeated inquiries we heard nothing back until recently from INS. They are now asking that we provide more evidence of the validity of our marraige. 6 months ago we decided to separate and have separate residences. We will eventually file for divorce but in general are on good terms and do not want our separation to jeopardize his status. If we tell INS we have separated will that prevent him from receiving his permanent green card. or is it worse to withhold the fact that we are living separately.

thanks so much, any help would be greatly appreciated

-- Contributed by: christina Voros

Nancy,

If your marriage is valid in Cuba, then you are considered married in the United States.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

If I got married in Cuba 18 years ago with another Cuban and have been living in the U.S. for the past 5 years and now want to divorce my husband, Does the U.S. consider my marriage legal in The U.S.? We have been doing out taxes together as married filling jointly.

-- Contributed by: Nancy Diaz

Mrs. Jekyll and Hyde,

Please contact a divorce lawyer immediately. You can get a divorce without his consent; he does have the legal right to contest the divorce. This means that the proceeding will go before a judge and both of you will have the opportunity to tell your side of the case.

Stepparents can request visitation; a judge will need to determine whether it is in the best interest of the child to spend time with that person.

When you see the lawyer, be sure to tell them about the threat he made. If there were any witnesses, give the lawyer their names.

Unfortunately, the question of his citizenship is a different matter than your divorce. I would suggest that you stop having any form of communication with this man and if he tries to contact you, inform him that any communication with you needs to be done through your lawyer.

Take care.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My husband is from Jamaica. We dated 2years, prior to getting married. We have been married for a lil more than 3years now. I thought he was the love of my life. Last year he received his green card (we were so happy we celebrated). About 3 to 4 months after that things changed, he became cold & hateful and wouldn't come home for days. He became very manipulative and secretive. He went out and cancelled our bank account, insurance plans,...right down to our internet and magazine subscriptions. I never got any notices from anyone because he intercepted everything. I loved him & trusted him, and never wanted to believe that he only married me for the purpose of obtaining his citizenship. However, he has made a believer out of me when I found out he has been dating a girl from Jamaica since the day he married me, things really set in when I came home from work & found that he had packed his bags, took our other car, the computers, and tv's & moved out. The computers belonged to me & my daughters. I later found out he purchased a condo. The last time I spoke to him, he flat out told me that I was gullible & he doesn't need me anymore because, he's eligible to file for his citizenship. When I told him I wanted a divorce, he stated there was no way he would give me one, and if I did he would ask for visitation and have friends from Jamaica make my life a living hell.

I am embarrassed, hurt and angry, and trying to mend the broken hearts of my 2 daughters (his step-children), and explain why their step-dad left. I want to divorce him without a battle. As a step-parent does he have any legal rights to visitation with my daughters? Will he still reap the benefits of receiving his citizenship?

-- Contributed by: I married a true Dr. Jekyll & Mr. Hyde

Hector,

Since you were married for more than two years, your immigration status shouldn't be affected. I would suggest that you consult with both an immigration and a divorce lawyer to get the appropriate legal advice for your situation.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

What if an alien is married to a US citizen and didnt start filing for immigration through spouse and the couple want to get a divoce outside the US and upon a marriage contract not from the US.?

-- Contributed by: Najla

Hello, my name is Hector. I have been married for over 3 years. I am a permanent resident. My wife decided to tell me that my daughter is not my biological daughter and wishes to file for divorce. I had just sent my application for naturalization 2 weeks ago. Will this affect me in any way? We married in good faith and things did not work out. Any advice would be greatly appreciated.

-- Contributed by: Hector

Luis,

Please contact an immigration attorney to discuss your situation and to help you prepare for the hearing. When you meet with the lawyer, bring the notice you received, along with any do...ents you have regarding your marriage and the divorce.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

hi my name is Luis. i will apreciate your help i am on a situation where i came from cuba married to a us citizen and we where together for over a year and more than a half after that things changed and she left to las vegas and never heard anything else from her i had to divorce trough the news paper i went to immigration and they gave me green card for one year and told me to wait until recieve a letter to go to the court never recieve such letter to present in court untill last week wich i got a second notice of apereance on court it also said that i was going to be deported and that my marrige apeard to be a froud because i divorce before the 2 years i been living in the us for 5 years and i have to go to the court waht should i expect from them to say about me i am cuban i cant be deported and i have proof that she left me thank you for your help

-- Contributed by: Luis

Hi Susan,

I understand that you are hurt and angry with this man right now. Before you take any action that may backfire on you, please consult with an attorney. If you want a divorce, you need to make sure that your interests are protected. Ideally, you should try to find an attorney who is familiar with both divorce and immigration laws.

Take care.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband is on a restricted resident card at this time. He recently left me to go to florida with another woman. I feel he married me for his papers and to get his children here. The only problem is he left before the visa's for his children have been approved. I know he needs to be here in order for them to come. He did buy house only his name is on it, but I'm living in it. He said I could have everything just don't say anything to immigration. He hurt me considerably, and my children. Is it possible he is going to be deported, and if so can I help? I know thag sounds awful but he is only going to hurt someone else. thank you

-- Contributed by: Susan

Hi Lisa,

If he hasn't done so already, your friend needs to consult with a divorce attorney. He will need to take a copy of the agreement with him. Her immigration status will be determined by the INS; it's a completely separate matter from the divorce.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

a friend of mine bought a bride from russia, brought her over here married here 91 days after she arrived here in the United States. After being married just 2 1/2 years she left, my friend has filed for divorce and now is so nervous about this woman trying to take him for a bunch of money, even after he had her sign a prenumpt and says she has a very imporant meeting this spring that she needs to attend but my friend does not plan to attend this meeting with her, instead he is hoping that she gets deported back after the divorce finalizes hopefully soon, would you please write me back with your opinion on his situations, I worry about him, I would truely appreciate your input on this, Thank you in advance, Lisa

-- Contributed by: Lisa

Hi Brown,

You would file for divorce in the same way as if your wife were an American citizen. Any immigration issues would be dealt with separately. We don't provide divorce services. Please contact a divorce lawyer to get the process started for you. You can check the Yellow Pages, do an online search, or contact the Bar Association in your state for a referral.

Good Luck.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Mark,

I would suggest that you contact an attorney with experience in immigration matters who can advise you about your rights and responsibilities in your situation.

Good Luck.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i want an divorce and my wife is an immgrate . i want know to how the cost of your service. and how long will it take for the divorce

-- Contributed by: brown

This seems to be a clasic case. I to was involved in a marriage of this kind also. It was a very traumatic experience for me. There was a genuine affection from my side, but from the beginning there was a lot of problems. Now on my third marriage!!! She also is a undo...ented alien. I really want this to work out. Can I apply for change of status, eventhough I have done this several times?

-- Contributed by: Mark

Hi Scott,

I a person is a U.S. citizen, they have all the same rights as any other citizen. Being divorced does not change this.

JC Redmond LoveToKnow Divorce

-- Contributed by: JCRedmond

If divorce happen after change from permanent resident to citizenship, will law be different to the new citizen? does he/her hav eless rights?

-- Contributed by: Scott

Hi Teresa,

Your husband can start divorce proceedings if he chooses to, but the status of your green card is not up to him. Please contact an immigration attorney to get the appropriate legal advice for your situation.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my husband is trying to divorce me. since i got back from mexico, he said that he was going to cancel my green card.

-- Contributed by: teresa

Hi Farah,

If you file a petition for divorce now, your status will not change, since you have a green card (assuming it is not a conditional one). Were you planning on becoming a U.S. citizen? It will take longer for you to get citizenship if you divorce your husband after less than three years.

The best course of action would be for you to contact an immigration lawyer who can give you advice specific to your case.

Take care.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been married for 2 1/2 years, dated for 3 months before that, I was working here on a visa, then he sponsored me for my green card, just got it last month and it's for 10 years, but my husband and arent getting along at all since in our fourth month of marriage, he always threating me with divorce, or telling me to get out from his house, we havent been sexually action for exactly 1 year (10/29/06)was the last time, my question to you is, how long should I wait before I can divorce him, we are not happy together, I dont know what to do, should we just get a seperation now and divorce at a later time, or it does it even matter since i have GC for 10 yrs, please help.

-- Contributed by: Farah Aschkar

Kevin, you need to consult with a qualified attorney who can advise you about your rights and responsibilities in this situation. You may want to find a law firm with both divorce and immigration attorneys available since your wife is not a U.S. citizen. Your state Bar Association may be able to recommend someone. You could also try an online search for "divorce lawyer" + your city.

I hope this helps. Take care.

-- Contributed by: JCRedmond

my alien wife began fighting with me and exhibited irrational behavior from the beginning of our short marriage. She was diagnosed with depression but refuses to see doctor or take medication. I've wanted a divorce since the first month, and we will divorce eventually. She wants a huge amount of money and a green card before she considers leaving. she has threatened to bankrupt me, and has threatened to kill me several times. I've told her I would help obtain a green card and education certificate if she would set time limit on seperation. I am sure she is stalling for more time and money. What can I do? I need help.

-- Contributed by: kevin gerien
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