WIFE DON'T WANT TO SIGN DIVORCE COMPLAINT OF USC HUSBAND, IS IT OKEY?

[Kindheart 0]

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008. WE MARRIED JULY 14, 2004. I GOT MY CONDITIONAL STATUS ON JUNE 3, 2005. MY 10-YEAR PERMANENT RESIDENT WAS APPROVED ON APRIL 15, 2008 WHICH WILL EXPIRE ON APRIL, 2018. SO IT'S JUST ONLY RECENTLY MY US CITIZEN HUSBAND FILED FOR DIVORCE. OUR MARRIAGE IS IN GOOD FAITH AS I PROVED IT WE DON'T HAVE SECOND INTERVIEW INS JUST MAILED IT TO THE HOUSE.

MY QUESTION: WHAT HAPPENED IF I GOT THE DIVORCE COMPLAINT AND DIDN'T SIGN MY HUSBAND'S DIVORCE COMPLAINT?

MY ONLY WORRY IS MY HUSBAND IS REVENGEFUL HE MIGHT TURN THE TABLE UPSIDE DOWN AND TELL INS THAT OUR MARRIAGE WAS FRAUD. SO HE CAN REVENGE FROM ME.

EVEN IN OUR ENTIRE MARRIAGE WE ALWAYS ARGUE BECAUSE OF MARITAL, CULTURE DIFFERENCES. WE DON'T HAVE CHILD TOGETHER I'M 34 AND HE IS 54 YRS. OLD WITH GROWN CHILDREN. HE BOUGHT HOUSE FOR HIS CHILDREN AND DON'T HAVE PLANS FOR ME AS HIS NEW WIFE. MANY TOO MENTION. NEED HELP

[desert_fox 32]

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008. WE MARRIED JULY 14, 2004. I GOT MY CONDITIONAL STATUS ON JUNE 3, 2005. MY 10-YEAR PERMANENT RESIDENT WAS APPROVED ON APRIL 15, 2008 WHICH WILL EXPIRE ON APRIL, 2018. SO IT'S JUST ONLY RECENTLY MY US CITIZEN HUSBAND FILED FOR DIVORCE. OUR MARRIAGE IS IN GOOD FAITH AS I PROVED IT WE DON'T HAVE SECOND INTERVIEW INS JUST MAILED IT TO THE HOUSE.

MY QUESTION: WHAT HAPPENED IF I GOT THE DIVORCE COMPLAINT AND DIDN'T SIGN MY HUSBAND'S DIVORCE COMPLAINT?

MY ONLY WORRY IS MY HUSBAND IS REVENGEFUL HE MIGHT TURN THE TABLE UPSIDE DOWN AND TELL INS THAT OUR MARRIAGE WAS FRAUD. SO HE CAN REVENGE FROM ME.

EVEN IN OUR ENTIRE MARRIAGE WE ALWAYS ARGUE BECAUSE OF MARITAL, CULTURE DIFFERENCES. WE DON'T HAVE CHILD TOGETHER I'M 34 AND HE IS 54 YRS. OLD WITH GROWN CHILDREN. HE BOUGHT HOUSE FOR HIS CHILDREN AND DON'T HAVE PLANS FOR ME AS HIS NEW WIFE. MANY TOO MENTION. NEED HELP

If you have been served the papers, you have 30 days or so to respond. MAKE SURE that you file a response, or he will win by default. See a family lawyer immediately and discuss with him as what is typical in your state for this kind of situation.

If he wants a divorce, you cant stop him, but just make sure that you get your fair share of community assets, and whatever else you are entitled to.

[Kathryn41 3,205]

You have your 10 year card and are a permanent resident. You were married 4 years and then divorced. You went through AOS together and you went through removal of conditions together. Your 'husband' had a lot of opportunities prior to this to complain to USCIS if he believed he had a sham marriage and he didn't. If it took him 4 years to come to that conclusion, it doesn't sound like a valid conclusion but it does sound like a disgruntled ex-spouse who is mad and trying to get even because he is mad. If he wants a divorce, I would let have it. He is the one initiating the divorce which also doesn't give much support to a 'sham marriage' complaint. Get your own family law lawyer to make sure your interests in the marital assets (house, property, pension, money, etc.) are protected. The Affidavit of Support that he signed for you with the AOS is still in effect even if you do divorce. Even if he tried to get revenge with USCIS I think the evidence is in your favour that the marriage was a real one that just didn't work out. Good luck. I am sorry that things didn't work out.

Edited July 4, 2008 by Kathryn41

[Nanusia & Lukaszek 0]

You have your 10yr green card, there is pretty much nothing he can do now in terms of USCIS. As the other posters have suggested, you do have to respond to the papers being served.

[russian_armenian 4]

Are you saying that you have been served with complaint? Ot it is just a regular uncontested divorce package that your husband is asking you sign? If you have been served, means he filed for divorce already. To be able to file, you need to be separated for 1 year or more. Since your 10yGC was approved a few months ago, means that you have been separated while I-751 in process. So, 10yGC could be revoked and you would need to file new I-751 with waiver. If you were not separated and it is uncontested divorce package, your husband cannot do anything regarding your GC. You need to clarify.

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008. WE MARRIED JULY 14, 2004. I GOT MY CONDITIONAL STATUS ON JUNE 3, 2005. MY 10-YEAR PERMANENT RESIDENT WAS APPROVED ON APRIL 15, 2008 WHICH WILL EXPIRE ON APRIL, 2018. SO IT'S JUST ONLY RECENTLY MY US CITIZEN HUSBAND FILED FOR DIVORCE. OUR MARRIAGE IS IN GOOD FAITH AS I PROVED IT WE DON'T HAVE SECOND INTERVIEW INS JUST MAILED IT TO THE HOUSE.

MY QUESTION: WHAT HAPPENED IF I GOT THE DIVORCE COMPLAINT AND DIDN'T SIGN MY HUSBAND'S DIVORCE COMPLAINT?

MY ONLY WORRY IS MY HUSBAND IS REVENGEFUL HE MIGHT TURN THE TABLE UPSIDE DOWN AND TELL INS THAT OUR MARRIAGE WAS FRAUD. SO HE CAN REVENGE FROM ME.

EVEN IN OUR ENTIRE MARRIAGE WE ALWAYS ARGUE BECAUSE OF MARITAL, CULTURE DIFFERENCES. WE DON'T HAVE CHILD TOGETHER I'M 34 AND HE IS 54 YRS. OLD WITH GROWN CHILDREN. HE BOUGHT HOUSE FOR HIS CHILDREN AND DON'T HAVE PLANS FOR ME AS HIS NEW WIFE. MANY TOO MENTION. NEED HELP

[russian_armenian 4]

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008.

Sorry, I missed the first sentance. So, he filed the complaint. Now he wants you to consent to divorce. (if you dont, he would have to wait the whole required separation period-here it is 2 years). Sounds like you want divorce too. So, prepare Separation Agreement which is going to be filed with your consent to divorce. Separation agreement should specify alimony, etc. It will became a court order once divorce is final (in a few months if you consent). He cannot do anything about your GC. Plus, it is in his interest to make you a citizen fast; so, his affidevit of support will be annuled.

[DairyFarmer 1]

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008. WE MARRIED JULY 14, 2004. I GOT MY CONDITIONAL STATUS ON JUNE 3, 2005. MY 10-YEAR PERMANENT RESIDENT WAS APPROVED ON APRIL 15, 2008 WHICH WILL EXPIRE ON APRIL, 2018. SO IT'S JUST ONLY RECENTLY MY US CITIZEN HUSBAND FILED FOR DIVORCE. OUR MARRIAGE IS IN GOOD FAITH AS I PROVED IT WE DON'T HAVE SECOND INTERVIEW INS JUST MAILED IT TO THE HOUSE.

MY QUESTION: WHAT HAPPENED IF I GOT THE DIVORCE COMPLAINT AND DIDN'T SIGN MY HUSBAND'S DIVORCE COMPLAINT?

MY ONLY WORRY IS MY HUSBAND IS REVENGEFUL HE MIGHT TURN THE TABLE UPSIDE DOWN AND TELL INS THAT OUR MARRIAGE WAS FRAUD. SO HE CAN REVENGE FROM ME.

EVEN IN OUR ENTIRE MARRIAGE WE ALWAYS ARGUE BECAUSE OF MARITAL, CULTURE DIFFERENCES. WE DON'T HAVE CHILD TOGETHER I'M 34 AND HE IS 54 YRS. OLD WITH GROWN CHILDREN. HE BOUGHT HOUSE FOR HIS CHILDREN AND DON'T HAVE PLANS FOR ME AS HIS NEW WIFE. MANY TOO MENTION. NEED HELP

Don't forget to seek legal advice. Cover all bases.

[zqt3344 21]

Wonder what the USC's side of the story is? Guess we will never know, interesting though.

HI,

MY HUSBAND FILED A DIVORCE COMPLAINT JULY 1, 2008. WE MARRIED JULY 14, 2004. I GOT MY CONDITIONAL STATUS ON JUNE 3, 2005. MY 10-YEAR PERMANENT RESIDENT WAS APPROVED ON APRIL 15, 2008 WHICH WILL EXPIRE ON APRIL, 2018. SO IT'S JUST ONLY RECENTLY MY US CITIZEN HUSBAND FILED FOR DIVORCE. OUR MARRIAGE IS IN GOOD FAITH AS I PROVED IT WE DON'T HAVE SECOND INTERVIEW INS JUST MAILED IT TO THE HOUSE.

MY QUESTION: WHAT HAPPENED IF I GOT THE DIVORCE COMPLAINT AND DIDN'T SIGN MY HUSBAND'S DIVORCE COMPLAINT?

MY ONLY WORRY IS MY HUSBAND IS REVENGEFUL HE MIGHT TURN THE TABLE UPSIDE DOWN AND TELL INS THAT OUR MARRIAGE WAS FRAUD. SO HE CAN REVENGE FROM ME.

EVEN IN OUR ENTIRE MARRIAGE WE ALWAYS ARGUE BECAUSE OF MARITAL, CULTURE DIFFERENCES. WE DON'T HAVE CHILD TOGETHER I'M 34 AND HE IS 54 YRS. OLD WITH GROWN CHILDREN. HE BOUGHT HOUSE FOR HIS CHILDREN AND DON'T HAVE PLANS FOR ME AS HIS NEW WIFE. MANY TOO MENTION. NEED HELP

Don't forget to seek legal advice. Cover all bases.

[StillThePrettiest 3]

I wonder why you always post the same thing, and always in bold, like it's in some way important? I guess we will never know; interesting though

[DairyFarmer 1]

I wonder why you always post the same thing, and always in bold, like it's in some way important? I guess we will never know; interesting though

Well said.

[zqt3344 21]

Stick to the topic at hand and try to help the OP please! Now that would be interesting though.

I wonder why you always post the same thing, and always in bold, like it's in some way important? I guess we will never know; interesting though

[LadyJane 1]

Stick to the topic at hand and try to help the OP please! Now that would be interesting though.

I wonder why you always post the same thing, and always in bold, like it's in some way important? I guess we will never know; interesting though

For that matter, zqt, wanting the USC's side of the story is off-topic and doesn't help the OP.

It seems there are two issues here.

1. You are afraid your husband will "use" USCIS against you.

2. You are curious as to the ramifications on the divorce proceedings if you do not sign the initial divorce paperwork.

The first issue is, I think, a non-issue because you have a 10-year green card.

The second issue: Please please please see a lawyer. You do need to address the complaint, and start drawing up terms for your separation agreement. You are from Michigan right? If so, then there's a two-month waiting period, not a two-year period. If you and your husband are on amiable terms (sounds unlikely) you two can draw up a draft of the agreement together, without lawyers. But it is absolutely critical that you have a lawyer review anything, and you do not sign anything without having your lawyer see it. Protect your rights.

[Aussielad 37]

well one is a state matter (divorce)

the other is a federal matter (immigration)

don't worry about the immigration side, worry about following whatever it has been served on you and seek a competent family lawyer.

[russian_armenian 4]

I would say there is a mistrust on zqt3344 side about marraige. Sounds like he expects any trouble from his SO anytime. Here comes now famous on this forum "I guess we will never know; interesting though"

I wonder why you always post the same thing, and always in bold, like it's in some way important? I guess we will never know; interesting though

[russian_armenian 4]

The second issue: Please please please see a lawyer. You do need to address the complaint, and start drawing up terms for your separation agreement. You are from Michigan right? If so, then there's a two-month waiting period, not a two-year period. If you and your husband are on amiable terms (sounds unlikely) you two can draw up a draft of the agreement together, without lawyers. But it is absolutely critical that you have a lawyer review anything, and you do not sign anything without having your lawyer see it. Protect your rights.

Sounds like she really need a lawyer because divorce process is so different state by state. If I am not mistaken, here if you sign initial complain, it means that you are mutually consenting to divorce. If you dont sign, in 90 days separation period starts (which is 2 years). At the end of 2 years, affidevit is served and no answer means that 2 years separation was ligit and divorce is granted. But still defendant can answer "no divorce" to affidevit and hearings would start. Right to alimony is lost only ofter final decree. So, here it is 2 years. It is always better to get some agreement and get mutual consent divorce. Domestic abuse here waives the requirement for mediation. Otherwise, no priveledges in alimony etc. (even "fault" is not granted due to abuse-unless life was in danger; but if life was indangered and SO was at fault, alimony is larger). But again, state/counties have dif rules (some counties rules also bring differencies in process).