My friends wants the divorce but....

[imailin 0]

Guys I have a friend which she was approved around 1 to 2 months ago... she filed the I751 on February 2007.... got transfer to Vermont (just like a few of us). The problem is that her marriage its been hell since almost already 1 year... but she waited out trying to see if her husband will change same time.... well he did not.... He is an alcoholic and drug addict, does not want to work and watches TV all day. Now, she is approved and has the 10 Years green card on hand. Can she just leave him now? can she get a divorce already? she is miserable.... he get violent (just verbal) she does not want to give her husband another change..... can se divorce him already? she understands also that she will have to wait another 3 years to claim citizenship/...

I like to adviced her, I told her yes but I just dont want to make a mistake.... its her life not mine.

thanks!

[desert_fox 32]

See a lawyer like today...what is she waiting for???...

No immigration problems. She will need money to file and attorney fees, etc.

[imailin 0]

See a lawyer like today...what is she waiting for???...

No immigration problems. She will need money to file and attorney fees, etc.

welll she was afraid that it will impact her status in same way.....

[YuAndDan 153]

Yes, she can divorce, as far as USCIS is concerned, she has satisfied the conditions of the 2 year CR-Green-Card.

This will just add 2 years to residency requirement if they want to apply for citizenship.

A divorce will NOT affect a ten year PERMANENT residency status in any way.

Edited July 15, 2008 by YuAndDan

[*Robert* 2]

This will just add 2 years to residency requirement if they want to apply for citizenship.

Good catch on the naturalization requirement!

3 years if married to same USC from the time of PR

OR

5 years from the time of PR for most other cases

Edited July 15, 2008 by roi_aggie

[cherr1980 1]

This will just add 2 years to residency requirement if they want to apply for citizenship.

Good catch on the naturalization requirement!

3 years if married to same USC from the time of PR

OR

5 years from the time of PR for most other cases

Or could be 3 years if married to the same USC from the time of PR with a black eye...and still living in hell.

Is her decision...that is more civil than immigration related right now.

[Muergana 0]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

[sheraz 0]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

Looks like a marriage for getting the green card. Oh well. Pretty soon they will start giving out 5 yr GC. Looks like most of the posts on this forum are from people who immediately fell out of love or had bad spouses after their 2 yr GC arrives.

[AussieDude 0]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

Looks like a marriage for getting the green card. Oh well. Pretty soon they will start giving out 5 yr GC. Looks like most of the posts on this forum are from people who immediately fell out of love or had bad spouses after their 2 yr GC arrives.

Usually I try to stick with the dealing with immigration stuff and not get involved in the emotional arguments that happen on the board but your comment is rather presumptive.

Some of these things arise due to shortcomings in the US immigration system. There are those who are in a relationship but the only way they can live together in the same country is to get married, they are unable to continue the relationship in another way to see if it will work out etc etc. This is one reason why some get married, but find out that after living together that perhaps they shouldn't be in a relationship. It doesn't mean the non-USC was married 'just to get a green card'.

In Australia for example, the fiancee visa allows you up to 9 months to get married, and you are allowed to work once in the country, none of this adjusting status stuff. There is also a general immigration intake system based on a point score system. The only general immigration intake system in the US is the green card lottery.

The response of bureaucratic systems such as the INS/USCIS to those who want to circumvent the system is to put in checks to ensure that immigrants are legitimate, hence the conditional GC etc etc. That all sounds good in theory, except that it ends up disproportionately penalising those of us in legitimate relationships. Those who want to circumvent the system will do a much better job of getting through than those who just want to get on with their lives.

[imailin 0]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

Looks like a marriage for getting the green card. Oh well. Pretty soon they will start giving out 5 yr GC. Looks like most of the posts on this forum are from people who immediately fell out of love or had bad spouses after their 2 yr GC arrives.

Well, I do not share your opinion... of course not only because she is a close friend of mine but also because I have seen her suffering for the last 9 to 10 months or so.... I certainly hope nobody has to go through was she is going through... Hopefully you never have to deal with a spouse that all he/she does is drugs, alcohol and watch TV. That collects unemployment for over 5 months already and has no intentions of looking for one. That the only person that brings bread to your table is you.... I certainly do not wish this for anyone… to have to deal with an alcoholic everyday who has had already 5 to 6 court citations in the last year regarding alcohol and drug issues and his wife had to take him out of jail once already.... I just hope you never had to go through this and if you do let me know cause I would say just the same you posted in this forum: “you just married this person for the green card" let just see how that fells! Let’s do not judge people here... let just get advice.

[sheraz 0]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

Looks like a marriage for getting the green card. Oh well. Pretty soon they will start giving out 5 yr GC. Looks like most of the posts on this forum are from people who immediately fell out of love or had bad spouses after their 2 yr GC arrives.

Well, I do not share your opinion... of course not only because she is a close friend of mine but also because I have seen her suffering for the last 9 to 10 months or so.... I certainly hope nobody has to go through was she is going through... Hopefully you never have to deal with a spouse that all he/she does is drugs, alcohol and watch TV. That collects unemployment for over 5 months already and has no intentions of looking for one. That the only person that brings bread to your table is you.... I certainly do not wish this for anyone… to have to deal with an alcoholic everyday who has had already 5 to 6 court citations in the last year regarding alcohol and drug issues and his wife had to take him out of jail once already.... I just hope you never had to go through this and if you do let me know cause I would say just the same you posted in this forum: “you just married this person for the green card" let just see how that fells! Let’s do not judge people here... let just get advice.

I am not being judgemental. You urself said in your post that she is sticking it out for the GC. Out of curiousity your friend did not know the person prior to marriage?

Why are all these people making life for the rest of us difficult. Meaning the people who take their time to get married to the right person. As opposed to the people who just jump into marriage. This forum is filled with people who are constantly writing about one thing. They had all the the love but as soon as they came here, they find the spouse is a drunkard or whatever. This forum is also filled with people (check K1) section who are so in love and they have only met each other once.

You can call me whatever. The fact remains that there is a growing number of marriages that are breaking up prior to the removal conditions. With the anti immigration environment prevailing the country, very soon people will start complaining and USCIS will tighten their rules.

[AussieDude 0]

You can call me whatever. The fact remains that there is a growing number of marriages that are breaking up prior to the removal conditions. With the anti immigration environment prevailing the country, very soon people will start complaining and USCIS will tighten their rules.

A growing number of marriages are breaking up full stop. I don't mind that USCIS wants to make sure that people aren't getting into bogus marriages for immigration fraud.

But USCIS or anyone in the US govt has no right to tell people what is and isn't a good marriage, which is what you're doing. The purpose of conditional residency is to make sure that the marriage is legitimate, not whether its viable.

[Aussielad 37]

Yes, she can divorce, the only thing is when she asks for citizenship it could come up why she divorced so soon after the green card, in which case she would have to bring wiht her to the interview things that support that her marriage was bona fide or why she divorced. But this is the only thing that could remotely turn into an issue, otherwise she is free to go at any time.... I would probably wait at least three - six months before making the divorce final though, if she can stand that much....

Looks like a marriage for getting the green card. Oh well. Pretty soon they will start giving out 5 yr GC. Looks like most of the posts on this forum are from people who immediately fell out of love or had bad spouses after their 2 yr GC arrives.

Well, I do not share your opinion... of course not only because she is a close friend of mine but also because I have seen her suffering for the last 9 to 10 months or so.... I certainly hope nobody has to go through was she is going through... Hopefully you never have to deal with a spouse that all he/she does is drugs, alcohol and watch TV. That collects unemployment for over 5 months already and has no intentions of looking for one. That the only person that brings bread to your table is you.... I certainly do not wish this for anyone… to have to deal with an alcoholic everyday who has had already 5 to 6 court citations in the last year regarding alcohol and drug issues and his wife had to take him out of jail once already.... I just hope you never had to go through this and if you do let me know cause I would say just the same you posted in this forum: “you just married this person for the green card" let just see how that fells! Let’s do not judge people here... let just get advice.

I am not being judgemental. You urself said in your post that she is sticking it out for the GC. Out of curiousity your friend did not know the person prior to marriage?

Why are all these people making life for the rest of us difficult. Meaning the people who take their time to get married to the right person. As opposed to the people who just jump into marriage. This forum is filled with people who are constantly writing about one thing. They had all the the love but as soon as they came here, they find the spouse is a drunkard or whatever. This forum is also filled with people (check K1) section who are so in love and they have only met each other once.

You can call me whatever. The fact remains that there is a growing number of marriages that are breaking up prior to the removal conditions. With the anti immigration environment prevailing the country, very soon people will start complaining and USCIS will tighten their rules.

oh no....not you again....have you finally taken your wife off her leash and not have her walk behind you???or even worse off,.....not let her drive the car?

[Muergana 0]

LOL!!!! Give it up Aussielad, there's no use in arguing with someone like this person...

oh no....not you again....have you finally taken your wife off her leash and not have her walk behind you???or even worse off,.....not let her drive the car?

[*Robert* 2]

This will just add 2 years to residency requirement if they want to apply for citizenship.

Good catch on the naturalization requirement!

3 years if married to same USC from the time of PR

OR

5 years from the time of PR for most other cases

Or could be 3 years if married to the same USC from the time of PR with a black eye...and still living in hell.

Is her decision...that is more civil than immigration related right now.

WT?!#

Take a chill pill!!! I was merely pointing out that when Dan said it would add two years to get naturalized if she got divorced, it is because of the requirements, since most people assume it is 3 years after getting PR.

In case you didn't notice... this IS an IMMIGRATION related site, and thread. If people want civil help, then go watch Dr. Phil!

Edited July 16, 2008 by roi_aggie