Can I sue divorce now?

[chinese_mutt 11]

Thank you all.

I have a 10 year green card.

I am forced to wait out of the US. It's the US immigration law. The waiting period Family based immigration visa for spouse and children of legal permanent resident is 5 years. During the 5 years, we are not allowed to apply for a non-immigrant visa. You are US citizens, so you are not familiar with the law. The marriage is 100% true as we have a 2 year old son. The 5 years living apart is required by the US immigration law.

Ahh ok, I see. So you just got the 10y GC now? When you moved to the US?

Well, according with what people are saying here, you will be just fine. The 10 year GC is unconditional and he can do nothing to hurt you.

Good luck with your process and keep strong.

Yep, you can divorce and he can't deport you. You will remain a legal permanent resident here and After 5 years you can get naturalized, if you choose to.

[mrs. wife! 3]

Yep, you can divorce and he can't deport you. You will remain a legal permanent resident here and After 5 years you can get naturalized, if you choose to.

5ys? I thought when it was through marriage it was 3 years after receiving the GC.

[sdw 10]

it is 3 years as long as you are still with your spouse. Getting divorced it goes to 5 years, like other immigrants.

[mrs. wife! 3]

it is 3 years as long as you are still with your spouse. Getting divorced it goes to 5 years, like other immigrants.

Thanks!

[myperfectflaw 11]

"I have been married for more than 5 years with a US permanent resident. Because of the long waiting period of family based immigration visa, our son and I reached the US in Oct, 2009 granted unconditional permanent residence. Before that, I spent 3 years studying in Canada and taking care of our son alone. My husband really took little care of us. He only went to see us twice a year, 10 days each time during my stay in Canada. When we just got married in May 2004, he treated me well. My life ruined since his boss sent him back to China, his home town to open a company for software outsourcing."

Sounds like he's not a USC, but a LPR? Former marriage to a USC and he adjusted to stay? Then remarried the OP and that's what she's talking about with her having to wait for 5 years to come to the US? I was under the impression only a USC could sponsor family members, but I could very well be wrong. Not sure if any of that has an impact on her situation, but my guess would be--if you have your unconditional green card, you're free to divorce and stay here.

[Brother Hesekiel 2,236]

There's nothing, absolutely nothing your husband can do to you, that would have any influence on your status as a legal permanent resident for life.

Once you have an divorce attorney, he or she will ask your husband to show the money, all of it. You will get what you deserve from him, and your child will get financial support from him as well.

Additionally, if your husband says anything really mean to you, remind him that his continued absence from the US and his working in China could easily be seen as an abandonment of his residency. Seriously.

[chinese_mutt 11]

"I have been married for more than 5 years with a US permanent resident. Because of the long waiting period of family based immigration visa, our son and I reached the US in Oct, 2009 granted unconditional permanent residence. Before that, I spent 3 years studying in Canada and taking care of our son alone. My husband really took little care of us. He only went to see us twice a year, 10 days each time during my stay in Canada. When we just got married in May 2004, he treated me well. My life ruined since his boss sent him back to China, his home town to open a company for software outsourcing."

Sounds like he's not a USC, but a LPR? Former marriage to a USC and he adjusted to stay? Then remarried the OP and that's what she's talking about with her having to wait for 5 years to come to the US? I was under the impression only a USC could sponsor family members, but I could very well be wrong. Not sure if any of that has an impact on her situation, but my guess would be--if you have your unconditional green card, you're free to divorce and stay here.

.LPR can, just takes longer... we even have a forum for them here.

[myperfectflaw 11]

"I have been married for more than 5 years with a US permanent resident. Because of the long waiting period of family based immigration visa, our son and I reached the US in Oct, 2009 granted unconditional permanent residence. Before that, I spent 3 years studying in Canada and taking care of our son alone. My husband really took little care of us. He only went to see us twice a year, 10 days each time during my stay in Canada. When we just got married in May 2004, he treated me well. My life ruined since his boss sent him back to China, his home town to open a company for software outsourcing."

Sounds like he's not a USC, but a LPR? Former marriage to a USC and he adjusted to stay? Then remarried the OP and that's what she's talking about with her having to wait for 5 years to come to the US? I was under the impression only a USC could sponsor family members, but I could very well be wrong. Not sure if any of that has an impact on her situation, but my guess would be--if you have your unconditional green card, you're free to divorce and stay here.

.LPR can, just takes longer... we even have a forum for them here.

Never looked for one since it doesn't pertain to me Nice to know if it ever does though!

[justashooter 430]

my chinese wife says hold onto your anger, because you are not the cat yet. wait until you are the cat (have all your economic situation and status arranged), and then punish this man before you throw him away. if you divorce him now he will have easy life, and no price to pay for your suffering. you need to think about your future and how you can arrange it before acting on your anger. this is the chinese way.

[thongd4me 69]

he cannot doing anything to take away your conditional greencard.

I don't know about filing in the US if he filed in China. Once divorce you can

file to remove conditions, you will need to have prove that you married him in good faith.

I agree he can't do anything to affect your green card status

because you did everything in good faith and he was the one cheating.

That being said, there is a problem with the fact that he is in China

and regarding that it would be better for you to consult a divorce attorney

right away.

The reason for this is my online friend in Pennsylvania who I never met in

real life but I chatted with only occasionally before meeting my fiancée.

We never talked about meeting but she was good to talk to about my kids.

Her son had some serious medical problems. It was so long ago I forget what he had.

She had 4-5 kids and a husband who was a telecom consultant in Afghanistan.

The problem with his being in Afghanistan was that he could never be pinned

down to have the divorce papers served on him. He did send her enough

money to get by as he was responsible enough about the kids, but she knew

the marriage was over because he could do as he liked over there and he DID.

Get an attorney - talk to several through free consultations because your case

does not sound like an easy one because I've seen it before.

Edited December 11, 2009 by thongd4me

[sachinky 465]

LPRs can petition for spouses but it's a long wait because you have to wait for visa numbers to become available. Takes around 4-5 years.

USC have higher priority immigration benefits, for obvious reasons. Their immediate relatives don't fall under quotas.