Legal separation or divorce

[landa 1]

Hello,

I have been married for 3 years. I have my 10 year GC. I recently came out and told my wife that i am not going to be taken advantage off anymore. I have been living a life where all the decisions were/are made by her and her parents. I never felt like a husband. I think there are my other posts that i have told about my issues. I was afraid of telling her but I got the courage and told her. I want out. Then her parents came and got involved. We are starting counselling next week. She has tried or shows me she is trying to change her ways but I am no fool. I know it is all temporary once everything is done, i.e. counselling. Everything will be back to what it was. her parents and her make try to make me feel guilty, saying it will ruin out kids life. Either way her life will be affected. If i am not happy with her mom, our kid won;t be happy. Kids are not stupid they will know what is going on. Anyways, has anyone here gone to counselling before? and what goes on there? The way i see it, she will never change....like they say, you can't teach an old dog new tricks. I am sick and tired of being a human doormat. I want to do what will make me happy. She made me a miserable person. The only thing that makes me worry is not seeing my kid. I will be moving to canada if and i believe it will not work but you never know. IF things don;t work out, what is the difference between a separation or divorce?

thanks

[VanessaTony 3,567]

What is the "resident since" date on your GC? If you've been an LPR for 3 years (minus 90 days) you can apply for USC based on your marriage. If you divorce you will have to wait for 5 years. I suggest you file for USC asap so that you are more easily able to visit and live near your child.

It is in their best interests for you to file for USC because it cancels out the I-864 and they are no longer on the hook financially. Of course you returning to Canada and giving up your GC will do the same thing.

A divorce is final. A legal separation is sometimes required in some states prior to divorce. It means you cannot marry someone else. It means you're still legally married. Here is an article that explains it: http://divorcesupport.about.com/od/separation/f/legal_separatio.htm

Edited March 17, 2012 by Vanessa&Tony

[landa 1]

Hi thanks for the link. i came to U.S on july 2009. I do not want to become a U.S citizen because I do not want to be taxed for my disability structure settlement i receive. I do not want anything from her. I just want out of this toxic environment. So, if we go separation/divorce route without becoming a U.S citizen will it be a problem coming to the see my child? Also, who do i notify that I am leaving the U.S?

What is the "resident since" date on your GC? If you've been an LPR for 3 years (minus 90 days) you can apply for USC based on your marriage. If you divorce you will have to wait for 5 years. I suggest you file for USC asap so that you are more easily able to visit and live near your child.

It is in their best interests for you to file for USC because it cancels out the I-864 and they are no longer on the hook financially. Of course you returning to Canada and giving up your GC will do the same thing.

A divorce is final. A legal separation is sometimes required in some states prior to divorce. It means you cannot marry someone else. It means you're still legally married. Here is an article that explains it: http://divorcesupport.about.com/od/separation/f/legal_separatio.htm

[VanessaTony 3,567]

Hi thanks for the link. i came to U.S on july 2009. I do not want to become a U.S citizen because I do not want to be taxed for my disability structure settlement i receive. I do not want anything from her. I just want out of this toxic environment. So, if we go separation/divorce route without becoming a U.S citizen will it be a problem coming to the see my child? Also, who do i notify that I am leaving the U.S?

You can just leave the US and hand over your GC to the nearest US embassy/consulate.

Yes you might have trouble coming to see your child. You have a pretty huge reason for immigrant intent... Make sure you figure out a custody arrangement before you give up your GC.

[landa 1]

You can just leave the US and hand over your GC to the nearest US embassy/consulate.

Yes you might have trouble coming to see your child. You have a pretty huge reason for immigrant intent... Make sure you figure out a custody arrangement before you give up your GC.

I am confused, why should I give up my GC? I have a 10 year GC. There are no conditions. I will be near the border of U.S/Canada. Please let me know why it should be given to them?

[VanessaTony 3,567]

I am confused, why should I give up my GC? I have a 10 year GC. There are no conditions. I will be near the border of U.S/Canada. Please let me know why it should be given to them?

I'm not sure what you have planned I just read "move back to Canada" and that implies that you'll be giving up your GC. You can't just visit the US once in a while and keep it. It's for living in the US. It might work for a while but eventually they'll take it off you for using it as a tourist visa rather than living in the US.

[landa 1]

I'm not sure what you have planned I just read "move back to Canada" and that implies that you'll be giving up your GC. You can't just visit the US once in a while and keep it. It's for living in the US. It might work for a while but eventually they'll take it off you for using it as a tourist visa rather than living in the US.

confusion, confusion, problems, problems. I thought i would give up the right if i did not enter the US in a 12mo period. I am lost and stressed....i guess gottta call lawyer.

[ceadsearc 516]

You have to maintain residency in the US. If you are living abroad and periodically visiting, even if gone less than 12 months, CBP will eventually catch on and take your green card. It's not a conditional green card but you are still required to maintain US residency at all times. That's why the suggestion of citizenship was made. That way you could live wherever you want for how long you want.

Will you have problems visiting if you give up your GC? I'm not sure. Voluntarily giving it up suggests you do not have immigrant intent but you still have to prove you have reasons not to stay when you enter. And I don't know how you got your GC. If you had an overstay you might not be eligible to visit at all if you give up your GC.

I would talk to both a family law attorney and an immigration attorney.

[Sandra G. 5,048]

If you stay outside of the U.S. continuously and returns every few months but you have no job here,a house, bank account it means you abandoned your Green card. You can enter a few times without problem, but as soon they figure it out what's going on they may not allow you to enter anymore. Do not omit facts from them it's considered MISREPRESENTATION,misrepresentation is ban for life to enter in the USA.

[bigdog 376]

Usually disability is not taxed.?

[Ken&Ruzana 4]

Disability income is not taxed

[landa 1]

You have to maintain residency in the US. If you are living abroad and periodically visiting, even if gone less than 12 months, CBP will eventually catch on and take your green card. It's not a conditional green card but you are still required to maintain US residency at all times. That's why the suggestion of citizenship was made. That way you could live wherever you want for how long you want.

Will you have problems visiting if you give up your GC? I'm not sure. Voluntarily giving it up suggests you do not have immigrant intent but you still have to prove you have reasons not to stay when you enter. And I don't know how you got your GC. If you had an overstay you might not be eligible to visit at all if you give up your GC.

I would talk to both a family law attorney and an immigration attorney.

I got my GC through Marriage. Am I eligible for USC? i came here in july of 09. thanks

Disability income is not taxed

would I declare 0 income since it is structured settlement. But what if i find a good job in canada? i am a citizen of Canada as well. Do I pay taxes to both countries on the same income?

[ceadsearc 516]

If you are still married you will be eligible after 3 years - July 2012 - meaning you can file 90 days early (April 2012). If you get divorced, you will be eligible after 5 years instead.

Generally you do not have to pay taxes in 2 countries (depending on how much you make). You must file US taxes even if working abroad but you would get an exemption for foreign income that you paid taxes on abroad and not pay twice.

[Soapz 14]

Doesn't Canada allow dual citizenship? If so, apply now for US citizenship. That, a good divorce lawyer and a good accountant should be able to clear up all of your confusion right now.

In order to make sure you can see your kids and, if necessary, to enforce your visitation rights, I would apply for US citizenship right now. This is possible 3 years after they issued you your first greencard.

But I have to agree, usually any social security benefits (even from other countries) are tax-exempt.

[landa 1]

Hello thank you all for helping me out with my dilemma (sp) I will have a property in the US. and also a bank acct. We are not going to sell the house. even if we do separate. So, technically that will be my place of residence no? would that help or will i still face problems from entering. I just do not want a US citizenship. with all taxes issues and etc. if that won't be good enough then i have no choice to get it.