divorce

[startingnow 0]

i'm a US citizen. my wife moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??

in March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife was eligible for citizenship(i believe that was the term he used. maybe he said "conditions removed"). She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters(since it looks like becoming a citizen is out of the question). She's been doing temp work for a few years now because it's very hard to get a job, so i guess that counts towards the 40 semesters. and we have no kids so that is a plus. how can i tell if she's eligible to become a citizen or at least know her status?

i know i have to find a lawyer to talk to, and i'll be doing that very soon. i just want an idea what i'm up against as far as time is considered.

[payxibka 10,047]

i'm a US citizen. my wife moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??

in March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife was eligible for citizenship(i believe that was the term he used. maybe he said "conditions removed"). She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters(since it looks like becoming a citizen is out of the question). She's been doing temp work for a few years now because it's very hard to get a job, so i guess that counts towards the 40 semesters. and we have no kids so that is a plus. how can i tell if she's eligible to become a citizen or at least know her status?

i know i have to find a lawyer to talk to, and i'll be doing that very soon. i just want an idea what i'm up against as far as time is considered.

if not married to a USC, an LPR is potentially eligible for citizenship after 5 years

[iahmjpinoy 6]

i'm a US citizen. my wife moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??

From mailing it in to FINAL should take about 3/months, well, mine did anyways when I filed, but I filed it myself without attorney and it was an uncontested divorce. Good luck.

in March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife was eligible for citizenship(i believe that was the term he used. maybe he said "conditions removed"). She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters(since it looks like becoming a citizen is out of the question). She's been doing temp work for a few years now because it's very hard to get a job, so i guess that counts towards the 40 semesters. and we have no kids so that is a plus. how can i tell if she's eligible to become a citizen or at least know her status?

i know i have to find a lawyer to talk to, and i'll be doing that very soon. i just want an idea what i'm up against as far as time is considered.

[startingnow 0]

thanks for the reply.

we are married for 8 years but we have been living apart for 2 years. so i'm guessing she is eligible.

do you think if i started proceedings in January, the divorce will be final before the 10 year anniversary?

@iahmjpinoy: sorry, i posted this before i read your reply. thanks

Edited December 28, 2008 by startingnow

[Ling Ling 22]

thanks for the reply.

we are married for 8 years but we have been living apart for 2 years. so i'm guessing she is eligible.

do you think if i started proceedings in January, the divorce will be final before the 10 year anniversary?

@iahmjpinoy: sorry, i posted this before i read your reply. thanks

There's an old saying...

"An inexperienced attorney can make a simple case last a long time.

An experienced attorney can make it last a lot longer."

Once you get lawyers involved, all bets are off for a time range.

There WILL be continuances, and discovery at a minimum.

If it's uncontested, and you're doing all the paperwork yourself,

there's a chance that you could be done in a reasonable time.

[diadromous mermaid 36]

When did she receive her green card, initially, and has she been working, even part of the time since? Are you working full time? Have you been working full-time for the duration of your marriage? It *IS* possible that even if she does not wish to naturalise, that as long as you have been working in addition to her work, that she could satisfy the Affidavit of Support 40 quarters requirement, if not already, then soon as long as you don't divorce in the interim. You need to offer us more information as to yours and her work history to see if that is likely.

i'm a US citizen. my wife moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??

in March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife was eligible for citizenship(i believe that was the term he used. maybe he said "conditions removed"). She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters(since it looks like becoming a citizen is out of the question). She's been doing temp work for a few years now because it's very hard to get a job, so i guess that counts towards the 40 semesters. and we have no kids so that is a plus. how can i tell if she's eligible to become a citizen or at least know her status?

i know i have to find a lawyer to talk to, and i'll be doing that very soon. i just want an idea what i'm up against as far as time is considered.

[SingleCharles 0]

There's an old saying...

"An inexperienced attorney can make a simple case last a long time.

An experienced attorney can make it last a lot longer."

Once you get lawyers involved, all bets are off for a time range.

There WILL be continuances, and discovery at a minimum.

If it's uncontested, and you're doing all the paperwork yourself,

there's a chance that you could be done in a reasonable time.

This is so true. Attorneys are paid by the hour. They will miraculously use up your retainer and then some. IMHO Attorneys are skilled at making a mountain out of a mole hill. I also heard it said (and believe it) that the only people that win in a divorce are the attorneys.

[Laura+Tom 2]

Depending on her country of citizenship she may not have to give it up if she goes through naturalization. She could get dual nationality like Brits and Canadians can.

Edited December 28, 2008 by Laura+Tom

[Dakine 26]

i'm a US citizen. my wife moved out 2 years ago. i know i shouldn't have waited this long to take action, but i was trying to be civil and helpful to her while she is trying to get on her feet. she's not totally fine yet, but i want to know what direction to take right now.

our 10 year anniversary is next year and i read that she will get part of my social security and my pension if we are married for 10 years. if this is so, i need to know how long it takes to get the divorce final... from filing to FINAL??

in March 2005, my wife and I went to an interview to have her conditions removed from her green card. At that interview the agent said that as of October 2004, my wife was eligible for citizenship(i believe that was the term he used. maybe he said "conditions removed"). She now has second thoughts about giving up her native country's citizenship. This is a REAL problem for me. Mainly, since I submitted the affidavit of support, I will (might) have to support her for 40 working semesters(since it looks like becoming a citizen is out of the question). She's been doing temp work for a few years now because it's very hard to get a job, so i guess that counts towards the 40 semesters. and we have no kids so that is a plus. how can i tell if she's eligible to become a citizen or at least know her status?

i know i have to find a lawyer to talk to, and i'll be doing that very soon. i just want an idea what i'm up against as far as time is considered.

As Laura + Tom mentioned! Why not have her get US citizenship and then dual??

[startingnow 0]

thanks for all the replies.

Ling Ling and Charles/Gabriella: note taken

diadromous mermaid: i believe she got her green card in 2004. yes, i've been working ever since. had the same job for years. she's been working off and on since. she had a couple of permanent jobs, but was laid off. then she started to take temp assignments because no one was hiring and she HAD to get something. is that enough info? you mention something about not divorcing in the interim? what do you mean?

Haole and Laura+Tom: i don't know if she can have dual citizenship. (US and Barbados) i'll check again

[diadromous mermaid 36]

Permanent residents that work enough to contribute the mandated minimum deposit to SSA, are credited with having satisfied a calendar quarter. Even if your wife has not worked throughout the marriage, if she worked at any time and sufficient social security deposits were contributed from her income, then she may have satisfied some calendar quarters in the eyes of USCIS.

However, during the marriage, the spouse's contributions to SSA count as well, as long as the parties are still married and as long as a determination is made prior to divorce.

If the AO said she was eligible to file for citizenship in October of 2004, then she had already had a green card for 3 years by then. It's important to find out the dates as it can have a big impact on whether the Affidavit of Support has already been satisfied. If it has you need to ask for a determination from SSA.

For example, let's say she got her PR at the end of 2001 and began working in 2002. She may have accrued 6 years worth of quarters already and if she was able to earn 4 quarters each year, ostensibly she could have satisfied 24 quarters herself, even with temporary jobs and part-time work. And, if you worked full time and earned over the minimum required to acquire a calendar quarter, you contribute up to 4 quarters per working year for the duration of your marriage. The affidavit of support is satisfied once 40 quarters are accrued. If you work for 6 years of your marriage, each year contributing 4 quarters, then that counts for 24 of the required 40. She would only have had to work to gain 16 in order for the Affidavit of Support to be satisfied. The spouse's quarters no longer count once the parties divorce.

thanks for all the replies.

Ling Ling and Charles/Gabriella: note taken

diadromous mermaid: i believe she got her green card in 2004. yes, i've been working ever since. had the same job for years. she's been working off and on since. she had a couple of permanent jobs, but was laid off. then she started to take temp assignments because no one was hiring and she HAD to get something. is that enough info? you mention something about not divorcing in the interim? what do you mean?

Haole and Laura+Tom: i don't know if she can have dual citizenship. (US and Barbados) i'll check again

[diadromous mermaid 36]

Qualifying quarters are wage units that are earned while working. The Social Security Administration calculates qualifying quarters in three-month increments. Qualifying quarters are calculated based on the amount of income that is earned. The minimum amount that may be earned per quarter is $830. However, if someone earns $2,490 (i.e., three times $830) in a monthly period, he or she will earn three quarters. Immigration practitioners should note that quarters earned while an individual is in an unlawful status may be counted towards the forty quarters threshold.

According to the State Dept. memo, all quarters worked by a parent of an immigrant while the immigrant was under 18 years of age may be credited to the immigrant child, even if the parent-child relationship did not exist when the parent worked the forty quarters. In like manner, a spouse may count quarters worked by his or her spouse during their marriage, provided that they stay married. A spouse can be given credit for his or her deceased spouse's quarters as well.

from http://www.nilc.org/immlawpolicy/aosupp/aosupp018.htm

(3) Termination of period of enforceability upon completion of required period of employment, etc.

(A) In general

An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.

(B) Qualifying quarters

For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with—

(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and

(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under clause (i) or (ii) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title) during the period for which such qualifying quarter of coverage is so credited.

from http://www4.law.cornell.edu/uscode/html/us...83---a000-.html Edited December 29, 2008 by diadromous mermaid

[Tom and Novie 1]

She will get an amount equal to half your social security.. It does not come out of your check. You still get the entire amount of social security that you have coming... Don't rush things on account of the social security issue.

[Tsup2 0]

A divorce court can divide up your pension even if you are not married for 10 years. Your social security check will not be reduced if she is entitled to an amount equal to 1/2 of your entitlement.

[bhajishah 4]

Let her have part of pension, heck she moved out and you still supported her etc..how long you expecting to have your pension?? 8yr married and sounds like she your good friend still. we gotter help out the younger generation.