k1 visa, green card , baby and divorce

[feb 0]

Hello, I am a US citizen, who married my husband under the K1 visa, 18 months ago. Since then we have a 3 month baby. We`both live in NC, USA. We are both so unhappy in our marriage. Since he has been here, he has been unable to find a job and hence all the financial burden is on me. Despite me working full time, attending to my baby etc, he does nothing else to support me or the baby. Infact he puts me down all the time. I have had enough and am giving him 3 more months before I decide on divorcing him. He is currently on conditional permenant residency since may 2010. I have a lot of assets under my name from all the hard work i did before we got married, as well as life insurance policy, stocks etc.

1. Looking for advice on how to protect my assets. We have a joint account, for which I added his name too, its a small account. My main finances are in another bank and it is not joint.

2. how best to proceed with divorce considering we now have a baby

3. best time frame to do before he is granted a permanant residency (which i am ok with, but do not want to be financially responsible for him after divorce!)

Edited August 16, 2012 by feb

[del-2-5-2014 1,339]

Hello, I am a US citizen, who married my husband under the K1 visa, 18 months ago. Since then we have a 3 month baby. We`both live in NC, USA. We are both so unhappy in our marriage. Since he has been here, he has been unable to find a job and hence all the financial burden is on me. Despite me working full time, attending to my baby etc, he does nothing else to support me or the baby. Infact he puts me down all the time. I have had enough and am giving him 3 more months before I decide on divorcing him. He is currently on conditional permenant residency since may 2010. I have a lot of assets under my name from all the hard work i did before we got married, as well as life insurance policy, stocks etc.

1. Looking for advice on how to protect my assets. We have a joint account, for which I added his name too, its a small account. My main finances are in another bank and it is not joint.

2. how best to proceed with divorce considering we now have a baby

3. best time frame to do before he is granted a permanant residency (which i am ok with, but do not want to be financially responsible for him after divorce!)

Sorry about the issues. The K1 system is flawed and I am not suprised at what seems like a high rate of issues and divorces with these program. Yes we as USC can travel to visit our intended and see how they leave etc and mostly in a vacation mode but I think the non USC needs to be given an opportunity to come here and see how we live too.

I was in a contentious divorce and this is what I learned, not saying do this or that but just sharing my viewpoints based on experiences.

1) My Ex Wife (a Brit no less) showed me that she had a legal right to dispose of any property while we were married. She waited for me to go on a business trip and basically held a garage sale and sold anything that wasn't nailed down (actually I think she sold some of those too). Unbeknowst to me, once a divorce is filed there is an automatic stay where you cannot dispose/hide any property. so she was cunning in her plans, coached of course.

So start making plans of aligning your fiannces in your favor now, how you do that is up to you. Yes, there are forensics accountants that can find stuf fout but I don't think you're in that demograpohics to warrant that.

2) Think of the best interest of the baby. Not what the court thinks but what you as a good parent and a mother thinks. The court may give you full custody/supervised visitation and whatnot but you have to decide what is best, not what some Guy in a robe who has seen you Guys for 15 minutes thinks is best. You're going to have to talk to your Husband but nto until #1 above has been accomplished.

3) I think you cannot pull your support just because of a divorce. So you have that potential in case he goes for means tested support. Remember that this is just when he applies for a means tested gov program, you are not going to be responsibel for any criminal act, fraud to others, etc

Depending on your state you may have to pay some sort of support and split any properties acquired during the marriage. You might seek a free consult with a Lawyer in your area.

Get ready for a rough ride if you are certain you are going for the divorce.

[Anh map 2,098]

Hello, I am a US citizen, who married my husband under the K1 visa, 18 months ago. Since then we have a 3 month baby. We`both live in NC, USA. We are both so unhappy in our marriage. Since he has been here, he has been unable to find a job and hence all the financial burden is on me. Despite me working full time, attending to my baby etc, he does nothing else to support me or the baby. Infact he puts me down all the time. I have had enough and am giving him 3 more months before I decide on divorcing him. He is currently on conditional permenant residency since may 2010. I have a lot of assets under my name from all the hard work i did before we got married, as well as life insurance policy, stocks etc.

1. Looking for advice on how to protect my assets. We have a joint account, for which I added his name too, its a small account. My main finances are in another bank and it is not joint.

2. how best to proceed with divorce considering we now have a baby

3. best time frame to do before he is granted a permanant residency (which i am ok with, but do not want to be financially responsible for him after divorce!)

Talk to a family law attorney about the divorce, assets, etc.

Divorce will not end your responsibility via the I-864.

*Moved from K1 forum to Effects of Major Changes forum*

[Nich-Nick 3,354]

He can file for removing conditions on his own as long as he has evidence that he entered the marriage in good faith. It gets tricky if the divorce isn't final by the time he applies. If its pending then you wouldn't want to file jointly with him as a happily married couple. And he needs a divorce decree to submit with his evidence to go it alone with a waiver. So you might want to consider that timeline of when his 2 year card expires. There is some leeway without the final decree because they will RFE for it if he doesn't submit it with the original package.

Sorry you're going through a rough time.