Husband kicked me out:-(

[Caryh 5,206]

One step at a time. The people telling you not to travel are not legally correct. You have a green card. Our friend the lawyer posting here did not point to any statute or policy that says you cannot travel. Lawyers will do that (cite the source) when they are legally correct. So the lack of that source tells you this "precaution" is not based on the law.

Going home will set you back in terms of finding the job and getting on your feet with the license and everything else though so this may be a more important consideration.

I don't believe they were saying she can't go legally, I believe they were warning that it may not be in her best interest to be out of the country while the divorce is in process. Something could happen that requires immediate attention during a divorce and failure to do so may have serious consequences. Like loosing temporary spousal support because she could be there when a hearing is called on short notice. In my state if both are in agreement and both sign the divorce papers, the divorce can be complete in a couple weeks. I know other cases where one of both parties want well beyond what they have rights to and it gets dragged out for years, only to have the courts split things right down the middle. Or at least the little that is left after paying the lawyers.

[rlogan 2,036]

rlogan when you get a Law degree, pass the bar exam then maybe I will respond your nonsense comment.

*yawn*

Logical fallacy called "appeal to authority". (I'm right because I am a lawyer)

Actually, we have plenty of lawyers giving the opposite advice. Like these immigration attorneys right here:

Immigration attorney sex sandranj is wrong

Pertinent part:

The conditional card remains valid until it either expires, or USCIS revokes it.

Now, run along with your little fallacy with nobody being able to question your highness because these are immigration attorneys. So don't you dare say you speak for attorneys when these ones right here specializing in this area of law are saying you are wrong.

I've found more too, so I'd just check that attitude unless you want to be buried in it

I don't have to mention any Law. I am not representing anyone here.I am not getting paid for that.As I said before if you want to tell me that I am wrong first get a freaking Law degree and work in my field at least 25 years.Have a good day!

I do thank you for the demonstration of how stomping your feet and yelling "I'm right because I'm a lawyer" is the sign that the person is probably wrong. Because people that are right can back up what they are saying instead of throwing a temper tantrum.

CaryH - I gave the same advice of staying up on the divorce, and not only that but the employment and driver's license. There are a number of better reasons for staying here than the fear shin shin specifically asked about which was whether she would be deported/detained.

Edited November 29, 2012 by rlogan

[shin shin 3]

today I went to women shelter and we had a class about domestic violence there's alot of women there and kids too victim if DV...right now they're really packed and theres no space for me stay so they give me more number of shelter to call if theres available space for me because right now staying with a friend sleeping in the couch my friend will be gone for a month to visit her family back home and i dont wanna stay here if shes not here so looking for an option and shes my one and only friend here in California...

and around 2pm went to my therapy working on my emotions and i told her everything what happened for the last week..

i started going to therapy since last week the day before husband kicked me out....

right now just waiting for the paperwork from husband's CO he said he will send it to me last Wed and until now havent received anything yet....so lets see I'll wait till Friday and if theres nothing yet I'll contact the CO or Jag lawyer

asking for your prayers to get through it right now I'm really lost but I have to be strong for myself..

and I really really wanna visit my family back home by January i really wanna do that...

[shin shin 3]

Good for you! That's what the professionals say. One really great thing about the military is that they don't put up with B.S. from husbands on wives. The CO and Jag office were very good ideas for you, and they'll continue to help so long as you are married.

One step at a time. The people telling you not to travel are not legally correct. You have a green card. Our friend the lawyer posting here did not point to any statute or policy that says you cannot travel. Lawyers will do that (cite the source) when they are legally correct. So the lack of that source tells you this "precaution" is not based on the law.

Going home will set you back in terms of finding the job and getting on your feet with the license and everything else though so this may be a more important consideration.

actually i consulted 3 lawyers already they said I can travel just bring copies of all the reports..theres no problem traveling while divorce is pending but my concern is it its true that my husband made false accusation to immigration...

and can ban me for going back here....coz theres no way for us to know if he really did that...

[shin shin 3]

just received the divorce paper today the thing is the date of our marriage is wrong and he put date of separation is Sept 28 but i juts move out last week Nov 15..how is that????

[lillakatoussa 12]

just received the divorce paper today the thing is the date of our marriage is wrong and he put date of separation is Sept 28 but i juts move out last week Nov 15..how is that????

You have 30 days to file your response to his petition. Put the correct information in your response. This is what the court is for, to mediate what can't be agreed upon by the parties involved.

[shin shin 3]

You have 30 days to file your response to his petition. Put the correct information in your response. This is what the court is for, to mediate what can't be agreed upon by the parties involved.

yes thats what the laywer told me so i have to send the response or i have to bring it to the court???

[Darnell 8,478]

there's other things in the divorce decree, besides typos, that you might want to review,

covering maintenance, alimony, portion of bah allowance, medical bills, etc. be certain you go over this with someone else (a lawyer is best, IMO, and NOT his lawyer) .

Unsure how it works where you are, but basically the two attornies send revisions back and forth, file a major revision (sometimes several) and the final agreed decree with the court. In Texas, these are filed prior to the 'prove-up' date..

Edited November 30, 2012 by Darnell

[shin shin 3]

there's other things in the divorce decree, besides typos, that you might want to review,

covering maintenance, alimony, portion of bah allowance, medical bills, etc. be certain you go over this with someone else (a lawyer is best, IMO, and NOT his lawyer) .

Unsure how it works where you are, but basically the two attornies send revisions back and forth, file a major revision (sometimes several) and the final agreed decree with the court. In Texas, these are filed prior to the 'prove-up' date..

yeah I'll make sure I will consult a lawyer again before sending the response because I have no idea...

He also put date of separation is really close to my GC approval so he's really trying to mess up my immigration stat...

I believed the date of separation is the last day that me and husband had intercourse right??? so that's only 2 days before he kicked me out..but I have no idea how will I prove that to the court to change that date of separation.....

this is just overwhelming and I hope in the end the truth will come out....

and also if I send response how long before they will schedule a court hearing??

because I really wanna see my family back home I just need a a little break from all of these

[Sandra G. 5,047]

Rlogan we can't change people's mind but we can remove ourselves from their stupidity and because of that I am removing myself from your comments and i won't waste my time arguing with someone like you.

[Caryh 5,206]

Your separation date would be when he kicked you out unless the two of you came to an agreement that you would separate. Given you had sex two days before kicking you out, I'd assume there was no agreement. With nothing in writing he certainly can't prove a separation date earlier than when he kicked you out. How a divorce is handled is dependent on the state the divorce is occurring in. You can work through lawyers working towards an agreement that would be reviewed and signed off on by a judge, or you can go to court, and have the judge settle it. People are even known to separate, write up their own agreement, then file it together. Your husband filed on you through a lawyer, so you really need to get a lawyer to represent you in the divorce. I could give advice on how things work in my own state, I've been through a divorce, but it could be totally wrong for your state. As to how long, I've known divorces in my state that have taken just a couple weeks (couple agreed on everything and filed together), to divorces that take years (couple can't agree on anything through lawyers and one or both keeps changing their position). There's usually a lot of assets involved in divorces that take years, and someone with unrealistic expectations or an ax to grind.

yeah I'll make sure I will consult a lawyer again before sending the response because I have no idea...

He also put date of separation is really close to my GC approval so he's really trying to mess up my immigration stat...

I believed the date of separation is the last day that me and husband had intercourse right??? so that's only 2 days before he kicked me out..but I have no idea how will I prove that to the court to change that date of separation.....

this is just overwhelming and I hope in the end the truth will come out....

and also if I send response how long before they will schedule a court hearing??

because I really wanna see my family back home I just need a a little break from all of these

[shin shin 3]

The thing i don't think I can afford to get a lawyer...the Jag lawyer said I don't need one just go to court and represent myself...

so the more we don't agree on the divorce papers it could take year to be final??

All I want is the correction of the date of marriage and the date of separation.....

And also we dont have property together he just owe me 8k for the down payment of his car and its only under his name only..

[shin shin 3]

I feel I am lost....any ideas how to fight depression and frustration...

Missing my husband but I know its not a good idea to contact him...

I wish one day I'll wake up and and the battle is over...

I have faith in God that I'll be ok in time but right now how will I cope up with depression and loneliness

[Villanelle 4,122]

Oh my goodness. Theres so much 'misinformation' here. The facts are- you dont need a lawyer (its not required, you are able to represent yourself) but it is HIGHLY RECOMMENDED that you get one. First because he has one, and second because this is not an amicable separation. This is not something youre going to be able to do on your own.

Second- the date of separation has nothing to do with the date you were last intimate, although it could be relevant, the date of separation is exactly what it sounds like- the date you separated and left the home and were no longer 'together' in wedded bliss.

As for joint property it does not matter that the car is in his name. If the car was purchased while you were married its joint property. All the items in the home are considered joint property as well. Its what happens when you get married. Everything you own becomes your spouses. (unless you have a prenup) And the property needs to be divided in the divorce- how it gets divided will be decided in the settlement. So you can agree to let him keep the home, all the possessions inside, the car, etc and in exchange pay you 8k if you think thats fair, or you can ask for more. But you are incorrect in believing you have no claim to anything except the money you invested into the car. (perhaps thats what he wants you to believe but its incorrect)

[Darnell 8,478]

i say the date of seperation (per him) is important, because he is seemingly seeking to tie the seperation date into green card issuance date.

If he prevails or if that one data bit is not challenged, then he will most likely represent that 'fact' to USCIS when he submits evidence of a sham marriage.

shin shin - challenge the date of seperation, as IMO, it's going to be important for you.