Should he pay my rent?

[JeroenAndMichelle 28]

I'm surprised there are so many people who say "Don't leave your house, it's your house too".

How do you know that? Is it owned property or do they rent? Is it in his name or in both? Is there a prenuptial?

The OP doesn't state anything of this and without knowing these things, you can never state for certain that it is 'her house too'. Just imagine he owns the house and made her sign a prenup, then it could be that it will never be her house and that he is entitled to kick her out.

[jrmejia 31]

If he is a man, he will pay for your rent and should pay for your rent while you get your stuff together.

I cannot believe there are some men out there would just not care about their love ones.

Enough said

[Bill and Vicky 25]

I only got my conditional green card in march. we were having problems long before that but anynow now we've decided to separate. my husband is the one who is really pushing for it.

A me-too answer.

Find a divorce attorney now. If you don't have the money for one or need a referral, contact a women's shelter in your area...some attorneys will work for free or take their fees contingent on your husband's income. Little things like "don't move out of the house" are important. Depending on which state you're in, he may be liable for paying a lot of things. You won't know until you talk to someone who knows these things.

Since your green card is conditional there may be a need for you to speak to someone about making it permanent (assuming you want to stay here). If so, ask about that here. I'm sure others have been through this. If it's HIS fault and he doesn't want to be married to you anymore, you may still have a claim for staying here.

Sorry it isn't working out. But don't take everything your husband is telling you about divorce as the truth. He has a strong motivation to not tell you everything you should know if he's "pushing for it". Find an attorney that will help you deal with the whole thing.

Good luck.

Care,

Bill

[katiemanny 64]

A me-too answer.

Find a divorce attorney now. If you don't have the money for one or need a referral, contact a women's shelter in your area...some attorneys will work for free or take their fees contingent on your husband's income. Little things like "don't move out of the house" are important. Depending on which state you're in, he may be liable for paying a lot of things. You won't know until you talk to someone who knows these things.

Since your green card is conditional there may be a need for you to speak to someone about making it permanent (assuming you want to stay here). If so, ask about that here. I'm sure others have been through this. If it's HIS fault and he doesn't want to be married to you anymore, you may still have a claim for staying here.

Sorry it isn't working out. But don't take everything your husband is telling you about divorce as the truth. He has a strong motivation to not tell you everything you should know if he's "pushing for it". Find an attorney that will help you deal with the whole thing.

Good luck.

Care,

Bill

This advice is completely irrelevant to the OP's question, there's no physical abuse involved and the OP doesn't need VAWA to stay here.

The topic is "should he pay for my rent"?

Possibly but he has all the right to want to end the marriage, a no fault divorce State will seal the deal.

Edited June 7, 2011 by katiemanny

[cardigans5 43]

I'm surprised there are so many people who say "Don't leave your house, it's your house too".

How do you know that? Is it owned property or do they rent? Is it in his name or in both? Is there a prenuptial?

The OP doesn't state anything of this and without knowing these things, you can never state for certain that it is 'her house too'. Just imagine he owns the house and made her sign a prenup, then it could be that it will never be her house and that he is entitled to kick her out.

If they're married and whether it's a house or an apartment she is equally entitled to stay there. In fact because she's the woman if they couldn't get along and one was forced to move out {even temporarily} I would bet the man would be the one to go. Not immigration law...but marriage laws. I know women who have had this happen where a man has "made" the wife leave and so many times they do because they don't know American laws so they get taken advantage of. And btw I'm an American man lol. I just think if a person gives up their life and country to come here...even though it's most likely a better life...should be a lot more respected and appreciated for this.

[Daniel&Theary 30]

Do not move out of the house. If you do try maybe renting a room from some one (ask at church or work if someone has something or know of any) they usually do not need credit like an apartment or something and it would probably be cheaper Now the bad news he does not have to pay your rent When I went through my divorce (in california her choice) She tried to get spousal support and half my retirement after only 2 years of marriage the judge told her she was not able to get anything.

Now having said that tell him if he wants you out he should help you If he is any sort of man he will.

I wish you the best of luck

[Daniel&Theary 30]

If they're married and whether it's a house or an apartment she is equally entitled to stay there. In fact because she's the woman if they couldn't get along and one was forced to move out {even temporarily} I would bet the man would be the one to go. Not immigration law...but marriage laws. I know women who have had this happen where a man has "made" the wife leave and so many times they do because they don't know American laws so they get taken advantage of. And btw I'm an American man lol. I just think if a person gives up their life and country to come here...even though it's most likely a better life...should be a lot more respected and appreciated for this.

In California there is a law that lets her stay in the house even until divorce is final 6-8 months. No one can be forced out of the house either unless the is violence in the house

[newlyweds2010 208]

I feel really sorry for the OP, but I would like to remind everybody that this is an IMMIGRATION forum, not a FAMILY LAW forum, meaning that people here can give very good advice about how to fill in a certain form or what evidence to submit with the AOS package, but when it comes to issues that have nothing to do with immigration (nowhere did the OP state that her concern is how to obtain an unconditional green card or any other immigration-related matters) and a lot to do with other branches of law, we should all step back and say "go talk to a family law attorney". just my 2 cents. otherwise next time I will give some advice on how to form a limited liability company in South Dakota, or how to write an agency agreement pursuant to Pennsylvania law.

[Udella&Wiz 325]

Judging by the information above - you will end up spending more money in legal fees trying to get your rent paid for then you would if you just found a place for yourself and moved out.

Perhaps you can come to some sort of agreement yourselves that you continue to live in the same house, while you (and/or he) contribute to a small fund to help you get your first place. If your immediate future will be with you being single, you're goign to need to figure out how you'll make ends meet.

If you've only just gotten your 2 yr GC and you say you were having problems before that....were you truthful when you did AOS?

[chrisandy 0]

best solution seek for a lawyer's help

[Daniel&Theary 30]

best solution seek for a lawyer's help

You should see an attorney most likely you can ask a judge that he pay your attorney fees. Some attorney will give you a free consultation. Give you some options to think about

[Operator 1,927]

I feel really sorry for the OP, but I would like to remind everybody that this is an IMMIGRATION forum, not a FAMILY LAW forum, meaning that people here can give very good advice about how to fill in a certain form or what evidence to submit with the AOS package, but when it comes to issues that have nothing to do with immigration (nowhere did the OP state that her concern is how to obtain an unconditional green card or any other immigration-related matters) and a lot to do with other branches of law, we should all step back and say "go talk to a family law attorney". just my 2 cents. otherwise next time I will give some advice on how to form a limited liability company in South Dakota, or how to write an agency agreement pursuant to Pennsylvania law.

I agree, the OP was asking about the relevance of the affadavit of support and that question was answered yesterday.

[Deputy Purple 1,294]

I'm surprised there are so many people who say "Don't leave your house, it's your house too".

How do you know that? Is it owned property or do they rent? Is it in his name or in both? Is there a prenuptial?

The OP doesn't state anything of this and without knowing these things, you can never state for certain that it is 'her house too'. Just imagine he owns the house and made her sign a prenup, then it could be that it will never be her house and that he is entitled to kick her out.

The second she started living there she got what's called tenancy rights. Ownership doesn't matter once someone has tenancy rights it takes a few months at least in most states to force them to leave without breaking the law yourself.

Cops won't listen to "I've got a pre-nup", they'll say "oh, she lives here so now you have to evict her if she won't leave willingly" and that's all they can do. If he locks her out she can call the cops on him though because she has those rights of tenancy!

[JeroenAndMichelle 28]

If they're married and whether it's a house or an apartment she is equally entitled to stay there. In fact because she's the woman if they couldn't get along and one was forced to move out {even temporarily} I would bet the man would be the one to go.

Again, it totally depends on ownership and if there is a prenuptial or not. They can never make the husband to be the one who has to go if he is the only actual owner, especially not with a prenup.

The second she started living there she got what's called tenancy rights. Ownership doesn't matter once someone has tenancy rights it takes a few months at least in most states to force them to leave without breaking the law yourself.

Cops won't listen to "I've got a pre-nup", they'll say "oh, she lives here so now you have to evict her if she won't leave willingly" and that's all they can do. If he locks her out she can call the cops on him though because she has those rights of tenancy!

Where did you get the cops from? All I was saying is that, when there is a prenup and he owns the house by himself, then he is entitled to kick her out. I did not once say he is allowed to kick her out this any second of the day but even if it takes months, it is still 'kicking her out' in my eyes.. My wife and I are landlords for several houses and we know all too well how evictions work. If she doesn't leave voluntarily, he will need to go to court in order to get her out. But the end result is the same: in said situation she cannot stay if if he doesn't want her to stay, simple as that.

It probably also depends per state but over here it doesn't take 'a few months', it's more like a few weeks.

Edited June 9, 2011 by JeroenAndMichelle

[Deputy Purple 1,294]

Again, it totally depends on ownership and if there is a prenuptial or not. They can never make the husband to be the one who has to go if he is the only actual owner, especially not with a prenup

Really! Never is a very big word. One call to the Cops, a Domestic Violence Arrest & Restraining Order would keep the husband out of his own house regardless of the above. Now I'm not in any way suggesting that in this situation, just saying...

Where did you get the cops from? All I was saying is that, when there is a prenup and he owns the house by himself, then he is entitled to kick her out. I did not once say he is allowed to kick her out this any second of the day but even if it takes months, it is still 'kicking her out' in my eyes.. My wife and I are landlords for several houses and we know all too well how evictions work. If she doesn't leave voluntarily, he will need to go to court in order to get her out. But the end result is the same: in said situation she cannot stay if if he doesn't want her to stay, simple as that.

It probably also depends per state but over here it doesn't take 'a few months', it's more like a few weeks.

My whole point was that it's not as simple as "if he wants her out she has to go". She deserves to know what rights she has especially since she is in a foreign (to her) land and doesn't have the local resources he does.

Tenants generally have more rights than landlords because without that the tenants are at a big disadvantage. If you really can get someone out in 3 wks in HI with them going everything in their power to delay it then I'd be surprised (but that's another discussion).

You are correct, eventually she will have to move but she should understand that she has time to get situated. Ideally he would be a stand-up guy and help her get established, I know I would if Anna and I ever split.

Edited June 9, 2011 by Bob 4 Anna