LoveToKnow Divorce:AllComments

From LoveToKnow Divorce

Comments

Kim,

Your aunt can file for divorce at any time. Her marital status and her immigration status are two different things. She doesn't necessarily need to leave the country if she wants a divorce.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

my uncle has been married for about 3 years but his wife just got her green card last year and now she want to leave him. can she get a divorce from him this early? Dont you have to be over in the states for so many years before you can get a divorce and if so does this mean if she does divorce him she needs to move back to china?

-- Contributed by: Kim

Niki,

Your husband's immigration status and his marital status are two different things. I would suggest that you consult with an attorney and provide him or her with information about the steps that you have taken to try to locate your husband. You can file for divorce in the jurisdiction where you live, but the Court will need to know what you have done to try to find him before allowing you to use an alternative to personal service.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for about 4 years to my immigrant husband. We interviewed several times for his green card, the last time being 2 years ago August. Two years ago in February he left to go back to Egypt and I haven't heard from him since and have no way to contact him. So he has abandoned me basically...which is fine. I don't know if he got his green card or not and don't really know how to find out but more important, I need to get a divorce from him. I don't want to sponsor him any more and need to protect my assets from whatever he's doing here or abroad. Please help me!

-- Contributed by: Niki

I need help!!!! help me please!!!!! I got married like 9 months ago I got my first interview and my husband and i didnt show up, he's been doing drugs and i didn't know that part of him before we got married so if i divorced him is there any way that I can get my status adjusted??????? What's gonna happen to me because I didn't go to the interview????

-- Contributed by: Karin

rWest,

You may be asked to come in for an interview after filing your 1751 form. Please visit this web site to get more information about the process.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

After a long process, being in removal proceedings, I married a US citizen, and should complete my process shortly. My question is, do most I751 forms will be followed by an interview? or is it usually only the submission of the form. After we got married, our relationship seems only to deteriorate and I'm considering divorce. While the current process we were interviewed with a stalks interview, which I believe proves marriage in "good faith" will that change anything for the waiver? we don't have children and do not own property together, is there still hope for me filing for the waiver in this scenario? Thank you very much! rWest

-- Contributed by: rWest

Alemu,

It does sound like your situation is a mess. It would be helpful to your attorney if you could take some time to do...ent everything you remember about your relationship with your wife, from the time you met to the present. Then take this information to a lawyer who can negotiate the terms of your legal separation or divorce for you. You do have a legal responsibility to support your child, and you will want to make sure that your visitation rights are written into the agreement.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, I am a US citizen married to an Ethiopian national. I filed an I 129-f for her to come to USA. We had a very unstable relationship the whole time and I told her it is better if we didnt get married. She promised things will change for the better and they did. Just weeks before her 90 days expired she was pregnant. She was on a birth control pill. I was so happy about the pregnancy. I married her in May 2008. We had a baby girl in Feb 2009. Now she says she has her permanent Green card (the baby) and she wants a divorce/separation. Now I know she planned everything. I am in the US Navy and I didnt have the time I need to deal with the legalities of divorce. I really appreciate any help in dealing with this mess.

Alemu

-- Contributed by: Alemu

April,

You need to see a lawyer and ask about getting a waiver of termination. You need to show that your marriage is valid if you want to keep your immigration status based on marriage.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i have conditional green card and i want to divorce my husband because his very controlling..my husband can deport me??pls help me..i need help i dnt know what to do..he control my life..pls help me what to do..

-- Contributed by: april

Marie,

If you have received your permanent green card, a divorce shouldn't affect your immigration status. Please consult with a divorce attorney to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married for almost five years. I received my "permanent green card" a few months ago. I need to get a divorce from this "loser". He is making life misserable because of his drugs. What will be the consequences of divorcing him right now?? Please, I need some good advice. Thank you.

-- Contributed by: marie miller

Ifeanyi,

To get advice about your specific situation, I would suggest that you consult with an immigration attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Question.Am a married Nigerian who won US lottery visa,the process have been completed in Nigeria about for us travel into the US.My is wife has refuse to come with me bcos she has a good job,things have not been going on since we married bcos of tribal prejudice.Would this affect my processing of permanant residence?

-- Contributed by: Ifeanyi

Sunny,

If your wife is unable to support herself, you may be required to pay alimony for a time so that she can become self-supporting. Please consult with a divorce attorney to find out what your responsibilities are in your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I married a Russian woman in 2004. She now has her green card and we are thinking of divorce. Will I (US Citizen) have to support her since I signed the Financial Support form when we applied for her Green Card?

-- Contributed by: Sunny

Slux,

If you have your green card, your marital status shouldn't affect your immigration status. I would suggest that you consult with a divorce attorney to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

We were married in India, we are here in US for the past 8 years and we also have a son.

-- Contributed by: Slux

I have been married for 19 years and it is an arranged marriage, we got our green card last october and it is for ten years. It is been a very unhappy marriage from the day one, want to get a divorce as soon as possible, what do i do?

-- Contributed by: Slux

CF,

I would suggest that you consult with an immigration lawyer to get advice for your specific situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, I am in the process of getting a divorce but not divorced yet, so I was wondering when will I be able to remove the condition on my green card... The marriage was very authentic but it did not work. We don't have anything under my name (we used to have joint accounts and etc) so what could be other evidences that the marriage was in good faith?!?!?! Thank you very much!

-- Contributed by: CF

Fah,

You will need to consult with an immigration attorney and possibly a divorce attorney to find out about your rights. You can find listings in the phone book, online, or the State Bar Association can help you find someone who can help.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I got married in Thailand since 2006 with american citizen. I moved to US in Oct 2007 after my marriage visa was issued. In December 2007, i found out i was pregnant and now i have a 6 months old infant. I don't have a green card as yet. Things are not well between me and my husband.When i was pregnant he used to come home late everyday. He told me he had to work late but then later i found from his girlfriend that they used to hangout in the bar after 7pm. I do not have any proof but i have read his emails. He was never there for me when i needed things from the store. I didn't know driving. He does not help me takecare of the baby. When his nephew and niece visit, he has does not even bother to play with his son. We dont exist for him. He shouts at me if things does not go according to him and his parents. He had asked me to go back to work and help him out with the mortgage and bills. We have a join bank account. I have been working since March 2008 and the money goes in to join account. He has been overspending going to bar with friends, telephone bills etc. I am not able to buy stuff for my baby sometimes. I just want my baby. Please advice don't know from whom i seek help. Please help me i don't want to lose my child.

-- Contributed by: Fah

Aga,

If you were married in good faith, you may still be able to get your immigration papers. Please consult with an immigration lawyer to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Tom,

Your next step is to consult with a divorce attorney and file the papers to start the process.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Me and my husband been together for over 7 yrs but married for over year and a half but things r not going well at all. As soon as we got married, he had to go overseas for year and a half. After a year of being apart from each other, we started having problems. When he came on leave to visit me, I found out about some other women and I have proof (i broke into his email account and I forwarded all the emails between two of them to my personal account). Well we decided that we were gonna stay together and work things out. So thats when I applied for my papers. He signed them. We havent had the marrige interview yet and I still havent even recieved a receipt from INS. I only had a finger print appointment. Well the other day when I got home, my husband was gonne. He went behind my back got himself an appartment and just left me. I don't even know where he moved to, nothing. mI cant even get in touch with him. Do you think since he is in military, I should go thru his command? Now I dont know what to do about my papers. I married this man out of love and he just decided to up and leave me after year and a half of being married to each other. And of course do everything behind my back. What can I do to be able to get my papers? Please help.

-- Contributed by: Aga

My wife and I have been married for two years and the marriage had deteriorated to the point of divorce. She has her temporary visa. We have no children. What course of action should we take if I am ok with her staying in the country? I.E. will not stand in the way of her residency.

-- Contributed by: tom

Jerry,

It sounds like you should consult with a lawyer now before your wife does something drastic like try to take the children out of the jurisdiction. If she is unable to support herself, you may be ordered to pay temporary alimony. You do have a legal obligation to support your children.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hello, I have been married to a foreign nationall for about 2.5 years. We had 2 children overseas before my wife was awarded her visa. After we arrived, she soon got here temporary resident visa (Temp green card?). Now she decides she doesnt want to be married to me because ___________<--- (insert excuse of the day here) and wants me to file for a divorce. Well that's fine and I agree but am wondering what happens with the kids? She has threatened to just leave while i am at work and take them back to the Philippines. Can she do that? Also, if we proceed with the divorce, obviously we can stay together in the same house because of the constant fighting. Where will she go? Becasue we just arrived recently, we are currnetly staying with my parents. Will I have to pay for her a place to live? Thanks for any advise you can give on this matter.

-- Contributed by: Jerry

Georgia,

Your brother should consult with a lawyer to get an order in place to stop his wife from removing the child from the Court's jurisdiction.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My brother married an immigrant and they are expecting a child. The relationship doesn't look like it is going to work out. What does he do? He doesn't want his wife to take his child out of the country. What are his rights? What does he do so that he can keep his kid?

-- Contributed by: Georgia

Sandy,

If you file for divorce after getting your green card, it should not affect your residency status. Please consult an attorney to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I just got a marriage green card but now I want to get divorced. I can prove that it is a Good faith marriage. we both try counselor for a few times and it still doesn't help. What should I do next? Will I have to leave the U.S permanatly and can no longer get a job or work in the U.S.

-- Contributed by: Sandy

David,

If she was out of the country for one year or less, she need to present her green card and passport for readmission. A two-year absence requires a Re-entry permit. You can get more information by visiting this link:

http://www.immihelp.com/greencard/reentry-permit.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Recently divorced and my wife of 17yrs - she never became a citizen but has a green card. She moved back to her country but now wants to come back to the U.S. Will she have trouble entering the country again?

-- Contributed by: David

Beko,

You may be able to apply for a waiver of termination. This link will provide you with more information.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e8d96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have got my green card for 2 years when I got married to a us citizien. But after all we had to get divorced and know I do not have any relationship with that person. Our divorced has been finalized. My 2 year green card is about to expire pretty soon. I want to know if I still have a chance to appy for the conditional green card. I came here with the K-1 visa when I first arrived the States.

-- Contributed by: beko

Nana,

Generally speaking, if your are divorced before obtaining your green card, you will not be granted permanent residence status.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband filed for the divorce before my I-485 has been approved. The divorce is not finalized yet. Do I still have chances to obtaina Green Card if the divorce is not finalized by the time of the interview?

-- Contributed by: Nana

I have my permanent green card for about two years and was married for 4 years before we signed the legal separation papers. We have a son together. We signed the legal separation papers last year in Sept/07 and not completely divorced yet because he is currently overseas. When can i apply for my US Citizenship? If once applied, when do i expect to get a response?Please help.

-- Contributed by: Lily

Hi, Thanks for helping me. I was married for 6 amd my wife applied for GC, which i got in 2007 I got my unconditional Green Card. My wife has left me and she is filing Divorce. 1.Is there is any chances she can chage my status if I got divorced. 2. My records are not clean...is this also effect my status of GC?

-- Contributed by: Ken

Clara,

Once your green card has been issued, the divorce will not affect your immigration status. Custody of the children will either be agreed upon by you and your husband or decided by a judge based on the best interests of the children.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hey I'm marriage for almost 5 years. We have 2 daughters together and I want to get a divorce. He is american and I'm brazilian. I probrably will be getting my 10 years green card in 6 months. I want to know if the divorce gonna afect my greencard situation and if yes, can I loose my kids because they were born here?

-- Contributed by: Clara

Diana,

Once the green card has been issued, your immigration status will not change. Please consult a lawyer to get advice about spousal support and division of marital property in your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, my husband and I have been married for 3 yrs and 9 months now but things have always been a roller coaster ride for us. We filed for divorce once before receving my green card but retrieved it. Now its been one year since I received my green card and we feel that our marriage wont last. If we do file for divorce and everything gets finalized what would happen to me? My green card?

-- Contributed by: Diana

Moe,

You would have to file for a waiver of the joint petition rule for your green card. Please consult an immigration lawyer to get advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, My mother applied for a green card for my married brother in Dec 2002. My brother is divorcing now. If we tell the immigration with a divorce decree that he is not married anymore, will that speed up his application since he will be in a different category-unmarried son of citizen who is older than 21 instead of married son of citizen who is older than 21). What should we do? Thanks so much

-- Contributed by: coole

I have a conditional green card that expired in september 2008.me and my spouse applied to remove the conditional from my green card 2 month ago ,but now my spouse wants divorce and my case not approve yet.. are there any effect on my status if we separate before approve

-- Contributed by: moe

Aude,

The divorce shouldn't affect your green card status, but you may need to wait longer before you can apply for citizenship. Please consult a lawyer to get specific advice for your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I have a temporary Green Card (2 years) that is expiring in June 2009. If I divorce now, will it make the next interview more difficult? Can they refuse me the permanent Green Card because my marriage didn't work?

-- Contributed by: Aude

Pooyan,

If you have your green card, then the divorce will not affect your immigration status. Please consult a lawyer, who can advise you about your rights in your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

my wife wants to file a divorce after 2 years and 6 months from date of marrige and she abuse me alot and i have evidence that i lived with hwr all this time and she was with me only fr money but she wants to take away my green card can she do that ?

-- Contributed by: pooyan

Betty,

You may be required to pay support to a former spouse following a divorce. Your lawyer can advise you about your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Jersey,

If your wife has no conditions on her permanent residency status, then a divorce shouldn't affect her being awarded citizenship. You should consult with a lawyer if you want advice about your particular situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My wife has unconditional permanent residency and only has her naturalization ceremony next month between her and her citizenship. We have two children and own a home. If we get divorced before the ceremony, must I disclose this to INS and are there repercussions for her?

-- Contributed by: Jersey

if you petitioned for your spouses green card by a waiver and then you divorce within one year do you still have legal responsibilites for them after the divorce.

-- Contributed by: bett

Jessica,

The INS needs the two of you to show that your marriage was a legitimate one. To find out about your options, I would suggest that you consult an immigration lawyer. The short answer is that if you divorce after the green card is issued, there are no consequences to your immigrant status.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Rose:

If you are being abused, you may be able to get a waiver of termination. The fact that you are pregnant may have an effect on a divorce, since the Court will need to know that the baby does not belong to your husband. Otherwise, he may be ordered to pay child support. I would suggest that you consult with an attorney, who can give you specific advice for your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, My husband and I got married 6 months ago in february 08. We got married because we loved each other. Yesterday we just broke up, because we realized that even though we love each other, our personalities didn't match. He agreed to stay married to me so that I can have the green card. But we are still waiting for the interview notice (supposedly). I would like to get a divorce right now, but I also would like to stay here in the US. I don't want him to suffer and ruin those 2 years being married to me. My question is: if we do get divorced, and I have a work authorization that lasts 1 year, but can renew it later on, can I still stay in the US? i guess if you divorce before even having green card, you wont have it. But if I get the temporary green card, how long exactly should i stay married to him? and when can i divorce him? the day after i got the permanent green card?

thank you

-- Contributed by: Jessica

hi, i received my conditional green card in February , but my husband has become very abusive always putting me down and its taking a toll on myself esteem and he tends to hit me a lot i can't take it anymore, i want to divorce him because i am afraid of him. i found out am pregnant but not with his baby with someone else's baby will that have an effect in the courts decisions, if so what? we had a big a very big fancy wedding with plenty pic. i would really like to marry my baby's real father.

-- Contributed by: rose

Hi Cyndy:

I would suggest that you consult with a lawyer who can advise you about your specific situation. You can also visit the U.S. Citizenship and Immigration Services web site. Here's the link:

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

-- Contributed by: JCRedmond

Hi, my husband and I have already filed jointly to remove the conditions of my greencard this past feb '08. Even before this time, our marriage has been going through terrible turmoil and we are looking to have a divorce. Since my case is still pending and I have not yet received my unconditional greencard, should we wait til I obtain my greencard or is it safe to go through with it now? How long does it normally take for my application to process? Any advice is appreciated, thank you

-- Contributed by: cyndy

Ben,

There is a lot going on your home; that's for sure. If you divorce before you have been married for two years, you will not be able to get a green card based on your marriage. I would suggest that you apply for a waiver of termination based on her abuse. You will need to start do...enting incidents and your injuries. Keep written records of dates and you will need to have the injuries do...ented by seeing a doctor when she abuses you. I would also suggest that you consult with an immigration attorney who can advise you about your situation.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I am marry almost a year , with an american wife , things went wrong since she cant control her life style and her abuse attitude , she like to punch pinch until im bruish and bleeding but i never report since i love her ...its happened many times, there is something about it...since we like to have ecstasy and have big problem . I stopped and ask her to do so but she never want it. And she never take care my green card since the money always gone . I make money more than her , work hard and want a baby , ,,.until now we planning to divorce after big fight ...she punch me again but i did too for defense...., i dont know what to do now....but from her story she went to jail one time for beating her ex-husband too ....i dont know what to do now....after divorce...i never had a chance to get things right...but i want to be right... we just not on the same pages of path of marriages..

-- Contributed by: Ben

Linda,

If you have received your permanent green card, getting a divorce will not have any effect on your immigration status.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Roy,

You are most welcome!

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

I was married in good faith in Feb. 2004 and got my green card in April 2007. My marriage has deteiorated. Will my formal separation now and eventual divorce cause me any repercussions? Please help. Thanks!

-- Contributed by: Linda

I suppose it was not clear to me from the website that living together was enough for USCIS.

Many thanks for your reply! Roy

-- Contributed by: Roy

Roy,

This site mentions producing a copy of the lease with both of your names on it. Here's the link:

http://www.immigration-lawyer-us.com/removing_conditions.shtml

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi,

My wife and I have been married for about 1.5 years now. I got my conditional green card about a year ago. Lately our relationship has been extremely rocky. Beyond that, we've reached some serious disagreements. My wife decided that she does not want children because she has some medical problem. We are considering ending the marriage. We have had a relationship and have rented apartments and lived together all this time. My marriage was not a sham, however we do not have children together and don't own a house together. But we know each other's family, we have mutual friends, we have lived together all this time. I am concerned that it will not last another half a year. What other ways can I use to prove that we married "in good faith"? If you can specify a general scenario where a marriage will still be considered one entered into "in good faith" without children or property I would be most grateful.

Thanks, Roy

-- Contributed by: Roy

Lucy,

When a person is issued a green card, he or she has unconditional permanent resident status. If your spouse is stalking you, then you should report the matter to the police.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

if someone has a permanent green card was mentally abusive to U.S. spouse and has started unwanted communication and following her can he be deported?

-- Contributed by: lucy

Christine,

If you were to divorce, your assets (including the house) and your debts (including the mortgage) will be divided according to the laws of your state. If you have concerns about the repercussions if he were to leave the country, I would suggest that you consult with an attorney before the house is bought.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

Hi - question: My husband (full green card holder) wants to buy a house in his name only (credit reasons). If in the future we divorced, and he left the country (doesn't have to, but if), as his sponsor, could I be held responsible for that debt? Or can the sponsorship be withdrawn? Or would that need to be included as part of the divorce details, that he would have to pay for the mortgage? Thank you!

-- Contributed by: Christine

Sarah,

You are most welcome! :)

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Sarah,

You are most welcome! :)

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Thank you for your advise!

-- Contributed by: Sarah

Sarah,

You need to gather some more information before you make any decisions about what to do. I would suggest that you make an appointment with an immigration lawyer for a consultation about your personal situation before you take any action. Once you understand the consequences of both choices, you will be able to make the best choice for you.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been married for 2 and half years. I received my temporary green card in April 2007. I learned about my husband's bisexual orientation around that time, and after a couple months of trying to cope with it, but having very bad arguements, I got a job offer in another state where my family lives, and decided to take it. A few months later we decided to work things out but remained in different states temporarily while we could move back in together. We were going to do so in a month from now, but about 4 weeks ago he ended the relationship to go pursue his gay tendencies. I would need to file the petition for my permanent residency in November this year, but I don't know if it is better to stay married (although we live in different states, all we have together are a couple of bills) or divorce him and explain my case to ins. What do you suggest?

-- Contributed by: Sarah

Hakop,

Before you and your wife take any steps to end your marriage, I would suggest that you consult an immigration lawyer who can advise you about your situation. This link will provide you with some information about removing the conditions on permanent residence:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b6d96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I was granted conditional resident status through marriage to a U.S. citizen. We got married 3 years ago (07/05) but I filed for my green card in March of 2007, which means I have to wait until March of 2009 to Remove Conditions on Residence. However, recently my wife and I have been going to some rough times and we might separate. She is willing to remain married to me until March 2009 to help me get my Permanent Green Card, but what if we divorce with less than a year before the second anniversary of the date my conditional resident status expires?

-- Contributed by: Hakop

Pan,

You haven't said how long you were married or whether you had applied for your green card. I would suggest that you contact an immigration lawyer who can advise you about your personal situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I married with a us citizen, we had a lot of problems,I wanted to divorce but he filed earlier than me in April, I am served with papers.we have no child and no property, I have to apply for waiver from the joint petitin in September. how much chance I have to get the green card and how long I have to wait?

-- Contributed by: Pan

VJ,

Generally speaking, you would file for divorce in the country where you live. I would suggest that you consult a divorce lawyer and an immigration lawyer to discuss your specific circumstances.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

i am a 28yr old indian girl , who was married to indian boy who was a working in USA,6 yrs back.of this marraige i have a dughter 3 yrs old. my husband has abandoned me and my daughter for many reasons, one of them being his relationship with another women. he had applied for both of our green cards , and he is citizen of USA from december 2007. but before my greencard interview could be done he withdrew my file withou my knowledge. my daughter is a citizen .presently i am in india and he is back at USA. i wanted to know my rights in case of divorce? i also wanted to know whether this would come under laws in USA or indian marriage and divorce laws?

-- Contributed by: VJ

Phil,

I can appreciate that you are under a lot of stress because you have been having trouble getting access to your son. Before you make any decisions about ending your current marriage, I would suggest that you address the custody issues first. If you have a court order granting you visits with your son and your wife is refusing to let you see him, please see a lawyer. Your former wife is in contempt of court and there are legal remedies you can take to rectify the situation. The court may reconsider the custody arrangement in light of her actions.

If you ultimately decide that you want to end your current marriage, it shouldn't affect your current wife' status. Once again, I would discuss it with a a lawyer so that you can get some specific advice for your situation.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I went through a custody divorce 5 years ago with my first wife. She was granted primary custody and moved to another state. My son is now 8 years old. After my divorce I was introduced to a well-educated lady from another country, and after daily phone calls and two visits to see her over a two year period, as well as many hurdles with a fiance visa, she came to the US(with her son who is now 16) and we were married within the week. We have now been married for 25 months. However, my ex-wife has made it extremely difficult for me to be involved with my son and she greatly resents my current marriage. I have bought and sold three homes in three years - including my current home in a different state, where I moved in August 2007. My new wife is still in the other state with her 16 year old son, where he is doing very good in his school. She has had two work permits (and applied for a 3rd. She has a good job and renting an apartment. Her son received a conditional Green Card two years ago, but she still has not. We married in good faith, but the stress of my custody dispute and a very recent downturn in my job situation, is making it all but impossible, if I wish to have a relationship with my, for the survival of my long term marriage. My new wife is 22 years younger than me (61), and as I am in for a very long conflict with my ex-wife (who could move again with my son), I wish to release my new wife from the marriage. Her brother, a professional, his family and her parents live in the U.S. She is currently earning her own living, has her own car, has no debts and would likely not seek any of my remaining assets. We have a very amicable relationship, she is a fine person, and I do not wish that she be deported. It seems that everyone has their own interpretation of immigration law (perhaps because Immigration doesn't appear to act in a consistent logical manner). If we were to divorce now, what would be the consequences for my new wife? Thanks,

-- Contributed by: Phil Carrier

Almost,

Please visit this link to learn more about B1 and B2 visas:

http://www.green-cards.com/non_us/b1_b2_visa.htm

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Sean,

Marital property is divided according to the laws of the state where you live. It will either be subject to equitable (not necessarily equal) division or community property laws. You will find more information on that topic here: http://www.divorcesource.com/NJ/ARTICLES/oflanagan1.html

Since you were married for a number of years, the fact that you are getting a divorce may not affect her green card at all. The divorce and her immigration status are considered two separate matters.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Christine,

The divorce and your husband's immigration status are two separate matters. You will find more information about immigration through a family member here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD I would also suggest that you discuss your concerns about your husband with your lawyer. He or she may be able to provide you with information or refer you to an immigration lawyer who can address your specific situation.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

My spounse, who i married 7 years ago. We never live together since she came to the US. I bought my house 2 years after she came to the US, and opened my business (done of them under her name). Last year, she came back home (VietNam) with another guy who live here. They both married (just religious wedding - no legal paper). I filed divorce last month. Can she get any thing (my property) from me? and what happened to her greencard (she just has a temporary green card - need to be renew every 2 years.. thank you

-- Contributed by: Sean Truc-Truong

Please send info on B1 and B2 visas applying for Greencard

-- Contributed by: Almost Desperate

Dear Attorney Quigley,

American citizen eloped in venice 3/12/96 to British citizen. Followed by 11 years of domicile in England and 3 children. Returned with family to U.S. in 1/2007. Abusive relationship. Husband served divorce papers 3/2007 and now wants to get a green card based on our marriage. No trial date in site because of constant stalling on his side. Am I at risk of this abusive husband and father becoming a citizen of the U.S.?

Please Help!

-- Contributed by: Christine Silver

Ramana,

Divorce and your immigration status are two separate issues. I would suggest that you contact an immigration lawyer to find out what the legal consequences of your finalizing your divorce would be first. Once you have that information, then you can make decisions about legally ending your marriage.

Jodee Redmond

LoveToKnow Editor

-- Contributed by: JCRedmond

Hi Attorney James

I was married for 5 years and filed for divorce in 2005. I had mediation judgement for my divorce in Feb 2006 and my former wife and i filed for Green card in 2005. Both of us have Employment authorization do...ent. I have nt received my green card. Is it necessary for me to wait until I get green card and I dont know when I will get one. Do you think, I should wait for green card or request the Judge to terminate marriage ? Please give your suggestion.

Thanks

Ramana Gutala

-- Contributed by: Ramana Gutala

Arzoo,

If you have moved, you are required to notify Immigration of your change of address. You can apply to have your green card replaced by filling in a form and paying the required fee. Please visit the United States Immigration Support webpage to get more information. Here is the link: http://www.usimmigrationsupport.org/greencard_replacement.html

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi My husband got his green card as skilled worker and I as his spouse green cards were sent to the employer who happens to be his friend as well.So my husbands friend is in possesion of both our green cards. Meanwhile me and my husband have separated and are most likely to divorce.Currently we are residing in the UK.Am i eligible to keep the green card or does my husband cancels it as he is never going to give it to me. If I am eligible to keep my green card how do i have it reissued and mailed to a different address in the US can I have it mailed to my UK address?

-- Contributed by: arzoo

Mahmoud,

Before you take any action (such as leaving your spouse) that may affect your immigration status, please consult an attorney who has experience in immigration matters. They can give you the information you need to make the best choices for your situation.

Take care.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married from a us citezn for one year i applied for my green card and still waitting for a response. my wife is a drugg adict and i can not take it any more. i need an advice

-- Contributed by: mahmoud

Hi Leonor,

Since you already have your green card, the fact that your husband filed for divorce should not affect your immigration status. For advice about your particular situation, please consult with a qualified attorney.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married to a U.S. citizen for 5 and 1/2 years. I filed for U.S. Citizenship in May of 2007, My husband filed for a divorce in August of 2007...will this affect my chance of U.S. citizenship...and do I need to file for a change of status to my green card because of the divorce? I have a 10 year permanent green card.

-- Contributed by: Leonor Hill

Hi Tom,

Please visit this link to find out about divorce and your conditional green card. http://www.hooyou.com/divorce/aftercgc.html

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

I have been married 5 year.I got my conditional residence card.ANd has expried , I went to immigration office and they have extended 1 more year,I have a right to become a US citizen at feb-2008.At the mean time my wife and I want to get divorce.can i still have my 10 year green card or citizenship ?Also we have 2 kids from this marriage.If i got divorce mdo i still have to right stay in usa?

-- Contributed by: Tom

Hi Preeti,

Since you have been abused by your husband, under the provisions of the Violence Against Women Act, you can file an immigrant petition on your own. I would suggest that you contact an immigration attorney who can help you with this process.

Take care.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi,

My situation is that I am married to a US citizen for 3 years. It was a bonafied marriage. Since the last 2 years he has been extremely abusive to a point when I tried to end my life last year. He is holding my green card - saying that if I do not agree to leave him, he will withdraw his petition. I-130 and I-485 is still not approved - still pending after 3 years. I have not even received a conditionl green card so far. My file was sent to CA and it was suck for name clearance for a while. We resubmitted all the required do...ents begining of Oct. we live and were married in NY. He has no grounds for Divorce but I do, He has been having multiple affairs and now I am on the side applying for VAWA. Want to know: 1. even though he has no grounds for divorce, can he still withdraw his petition without giving any reason to INS? 2. If yes, how long does it take for him to get the petition withdrawn? Thank you, Preeti

-- Contributed by: preeti

Hi Confused,

For the first two years of marriage, your spouse has conditional residence status in the U.S. After the second wedding anniversary, he can apply for permanent residency. If you divorce him within the first two years, he loses this conditional residence status and become deportable, although this does not mean that this will happen automatically.

If you truly want to divorce him, file for divorce and let him deal with the immigration consequences.

JC Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

My husband and I have been married for about 7mo. We have been together for almost 6 years but the marriage is just not working. What will happen if we get a divorce now? Can he stay here or will he be deported?

-- Contributed by: confused

Hello I was a victim of lie from a wife who lied on me so she get green card what help can I get to overturn this? why only women tell truth in eyes of court and men never been listened at all?

-- Contributed by: Jamal Ntale

Hello,

We had an unsuccessful interview. We did not have enough evidence since we were called too early and thus the officer was upset and we have not heard from them in over 9 months. Our marriage is hitting the rocks and i feel that we will get a divorce soon due to in laws meddling in our business. What can i do? My mother is a US citizen and has filed a petition for me already when i was unmarried but that has not been heard from for about 2 years. I am on expired H1-b and i want to convert to F1. What option will work for me?

-- Contributed by: kevin buford

Hello,

We had an unsuccessful interview. We did not have enough evidence since we were called too early and thus the officer was upset and we have not heard from them in over 9 months. Our marriage is hitting the rocks and i feel that we will get a divorce soon due to in laws meddling in our business. What can i do? My mother is a US citizen and has filed a petition for me already when i was unmarried but that has not been heard from for about 2 years. I am on expired H1-b and i want to convert to F1. What option will work for me?

-- Contributed by: kevin buford
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