Abandoned by Husband a year after receiving 2 years GC

[Moimoi 0]

my friend was abandoned by his us citizen husband ... she got her 2 years green card already and will expire next year 2010 she's currently pregnant with their second baby ... what are her legal rights here in california and can she apply for removal of conditions without his husband?

are there any legal action she can do to file for a case against her husband and his current partner?

[Boiler 46,111]

my friend was abandoned by his us citizen husband ... she got her 2 years green card already and will expire next year 2010 she's currently pregnant with their second baby ... what are her legal rights here in california and can she apply for removal of conditions without his husband?

are there any legal action she can do to file for a case against her husband and his current partner?

Once she is divorced she can file to remove conditions on her own.

[Moimoi 0]

my friend was abandoned by his us citizen husband ... she got her 2 years green card already and will expire next year 2010 she's currently pregnant with their second baby ... what are her legal rights here in california and can she apply for removal of conditions without his husband?

are there any legal action she can do to file for a case against her husband and his current partner?

Once she is divorced she can file to remove conditions on her own.

what if they are not yet divorce and her husband don't want to cooperate .. can she file it on her own?

[aidan80 9]

the dirty fecker!

[elmcitymaven 9,712]

Moved to Effects of Major Family Changes on Immigration Benefits forum as post is about removal of conditions post-divorce.

[Leedah 22]

You can't apply to remove conditions unless your already divorced or your filing using the VAWA act.

The other spouse usually needs to cooperate if your still legally married otherwise it may be denied.

If divorce is pending at the time of removal of conditions, then your still considered legally married and the above still applies.

Sorry.

[justashooter 430]

if the husband has an income she can file for divorce and seek spousal support for a limited period of time, depending on the circumstances. when the child is born she can name the father and seek child support. seeking spousal support is a good idea if she has no or much smaller income than his. seeking child support is a must.

she should be able to get state assistance in this matter if she has no funds to hire a lawyer.

[Tygrys 143]

if the husband has an income she can file for divorce and seek spousal support for a limited period of time, depending on the circumstances. when the child is born she can name the father and seek child support. seeking spousal support is a good idea if she has no or much smaller income than his. seeking child support is a must.

she should be able to get state assistance in this matter if she has no funds to hire a lawyer.

[Sylvia_n_Joseph 3]

California usually doesn't give spousal until after 5 years and it is very limited. However they do have a set child support level. It is a no fault state so he doesn't have to agree to start a divorce. Altough you proably won't get spousal there is the afidavit of support that was signed when you came that is you should need assistance he might have to repay.

[diadromous mermaid 36]

You can't apply to remove conditions unless your already divorced or your filing using the VAWA act.

The other spouse usually needs to cooperate if your still legally married otherwise it may be denied.

Sorry.

Not true. There are several grounds for self-petitioning, one of them is that the bonafide marriage terminated in divorce or annulment, however, that is just one.

[Moimoi 0]

You can't apply to remove conditions unless your already divorced or your filing using the VAWA act.

The other spouse usually needs to cooperate if your still legally married otherwise it may be denied.

Sorry.

Not true. There are several grounds for self-petitioning, one of them is that the bonafide marriage terminated in divorce or annulment, however, that is just one.

thanks for that information ... do you know what are the other grounds for self-petitioning?

[diadromous mermaid 36]

Yes. The grounds typically used when a divorce decree is not available is the "removal from the USA would create extreme hardship on the alien". Bear in mind very few of these are approved, as it is difficult to demonstrate that an alien could not live in his or her home country for one reason or another. But, it is a way to get an application filed prior to the deadline, to preserve status UNTIL a divorce decree is available.

You can't apply to remove conditions unless your already divorced or your filing using the VAWA act.

The other spouse usually needs to cooperate if your still legally married otherwise it may be denied.

Sorry.

Not true. There are several grounds for self-petitioning, one of them is that the bonafide marriage terminated in divorce or annulment, however, that is just one.

thanks for that information ... do you know what are the other grounds for self-petitioning?