Can my wife force me to leave and divorce while my application of permanent residence is pending ?

[Broken.heart 0]

Short story... I am a foreigner and married to a US citizen in NY while I was on my tourist visa. My case is pending with USCIS for resident status. My wife is 4 months pregnant. But now she want a divorce. It was a true bonafied marrige.

I have borrowed $ 25k because she didn't have any money. I paid all of her bills including her taxes and all. I dont know now what to do ? I am finished kind off. I don't know if even I can stay here legally or not? If she will withdraw her application or send any latter to USCIS then may will be removed from US.

I am looking for info and help if I can stay here for my child or can make her to pay my money back atleast. If she can force me for divorce or I can file any case for stay or anything. Please help me...

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

Short story... I am a foreigner and married to a US citizen in NY while I was on my tourist visa. My case is pending with USCIS for resident status. My wife is 4 months pregnant. But now she want a divorce. It was a true bonafied marrige.

I have borrowed $ 25k because she didn't have any money. I paid all of her bills including her taxes and all. I dont know now what to do ? I am finished kind off. I don't know if even I can stay here legally or not? If she will withdraw her application or send any latter to USCIS then may will be removed from US.

I am looking for info and help if I can stay here for my child or can make her to pay my money back atleast. If she can force me for divorce or I can file any case for stay or anything. Please help me...

Above all else forget that you're finished. No condition is unresolvable. In your case if might be going back home but only as a last resort.

You're going to have to give more details so that those in the know about changing from tourist to family path can advice.

Do you have a conditional card, have you filed for one, etc?

I'm sorry that this is happening to you.

[Broken.heart 0]

I don't know what is the condition card is? I don't know anything about the laws here. I am in us from last 5 months only. It was 2nd trip to US to meet her parents for Xmas when we decided to marry.

She filled up all the forms and sent to USCIS. But her problem is that she say "I said I am done, means done". She says that " I want you to stay here for the baby, but I can't be your I-864 obligatory for 3-10 years is a long period.

She even does not meet the poverty guidelines. My friend is ready to sign another I-864 as a joint sponsor. But she says that still she will be the first person of responsibilities.

We went to USCIS infopass and they assured her that because she doesn't meet the requirments so the joint sponsor will be the responsible but she asked them to give her that in writing... Isn't it funny ???

I got my DL and state ID. But other than that I have nothing. Case is pending still. My I-94 will also expire next month. I have no problem to go back to my country as I can start my life again. But there are some things bothers me:

1. She made all the promises to me to get married and all so I trusted and merried her.

2. I am staying here on her trust, which I never planed to.

3. I love her too much, but going to lost that and my wife too.

4. She is pregnant and baby is on board, if I will go back cant arise my child.

5. I may will lost my 10 years visa because I am conditional now.

6. I borrowed the money and spend on her, which I never can pay back.

Many other things but all the lose is to me just because she just want to move on ????

Please advice me what to do next ?

[Inky 1,111]

Moved from spousal visas to effects of major family changes on immigration benefits as the OP is not filing a spousal visa but is trying to adjust status and is now having family issues and wants to sort out immigration still.

[Jawaree 718]

How much pregnant is she....is this really your baby or did she just play you

to get her home fixed up and debts paid off, U need to start getting proofs U entered

all this in faith, consult an atty so even when U go back home if the baby she carries

is yours, U could get some kind of visitations in the future (I suggest a DNA test) don't

let love blind U , this is a savvy lady it seems, try not to be with her alone. As to your

immigration relief I am clueless,

[Broken.heart 0]

Yes it's my child and she is 3.5 months pregnant. I have worries to go back if she pays all the money we borrowed back.

I have all proofs. Of money.

What is OP ?

[VanessaTony 3,567]

Short story... I am a foreigner and married to a US citizen in NY while I was on my tourist visa. My case is pending with USCIS for resident status. My wife is 4 months pregnant. But now she want a divorce. It was a true bonafied marrige.

I have borrowed $ 25k because she didn't have any money. I paid all of her bills including her taxes and all. I dont know now what to do ? I am finished kind off. I don't know if even I can stay here legally or not? If she will withdraw her application or send any latter to USCIS then may will be removed from US.

I am looking for info and help if I can stay here for my child or can make her to pay my money back atleast. If she can force me for divorce or I can file any case for stay or anything. Please help me...

You have no greencard and yes she can withdraw her support and you have no means to legally stay.

You said your I-94 expires next month. To protect your ability to come back again on the visitor visa you MUST leave before your I-94 expire. This will mean you will be able to visit your child.

Depending on her state laws, the divorce may take some time to finalise. You can either file in the US, or when you return to your home country. She may also ask for child support after she's given birth.

As to the loan, $25K... where exactly did you, a tourist, get a loan for $25,000?? Are you sure you don't mean $2500? As in 2 thousand, five hundred? You could try and get her to pay the money back but the loan people still see you as the debtor. You will be the one they come after for repayment. If you tried suing her she could always just file bankruptcy and never pay you back.

[Broken.heart 0]

So again it means I am finished... I can't go to court for it ? I am gonna loose my child and all...

Some of the loan I got from my home country and others from friends which they transferred into her account or by western union and other similer ways. I have all the proofs. She paid her bills from my credit cards including her taxes.

I talked to one if the attorney and they said i may have some possibilities. It's not a fraud, she is also trying to get some money from friends or family or a co signer for loan. But yet no postive news.

Is that I am really ###### up or I still have some hope ??? Do I have any parental rights or not ???

[skiptex 225]

you need to talk to a lawyer..

not this forum..

you have big problems..

[JimVaPhuong 4,863]

So again it means I am finished... I can't go to court for it ? I am gonna loose my child and all...

Some of the loan I got from my home country and others from friends which they transferred into her account or by western union and other similer ways. I have all the proofs. She paid her bills from my credit cards including her taxes.

I talked to one if the attorney and they said i may have some possibilities. It's not a fraud, she is also trying to get some money from friends or family or a co signer for loan. But yet no postive news.

Is that I am really ###### up or I still have some hope ??? Do I have any parental rights or not ???

The debts are a civil matter. You could sue her in court for reimbursement, but only if you can convince the court that she promised to repay you and the money was not a gift.

She can divorce you without your cooperation, though a divorce usually proceeds a lot faster when both parties are cooperating with each other. In most states you have the right to contest (i.e., to disagree) with specific terms of the divorce, but few states allow you to contest the actual divorce anymore. Courts are very reluctant to force someone to remain in a marriage they don't want to remain in. The divorce laws vary widely from one state to another, but the bottom line is that if she wants a divorce she'll eventually get it.

You do have parental rights. Unless she can prove you are a danger to the child, you will usually have the right to equal time with the child. Custody is another matter. Although most states have laws that are written to be neutral regarding custody, they still usually award primary custody to the mother unless you can prove she's unfit. My ex-wife was a drug addicted train wreck, and it still took a lot of effort to convince Family Court Services to recommend that I get sole custody of my daughter.

Unfortunately, parental rights do not translate into immigration rights. If she pulls the affidavit of support then you cannot adjust status and get a green card, even if you get a joint sponsor. She's the primary sponsor, and an affidavit of support from her is absolutely mandatory. Furthermore, even if she doesn't pull the affidavit of support then your green card will be denied at the interview when the IO discovers that the marriage is headed for divorce. The child will be able to sponsor you for an immigrant visa, but not until it's 21 years old.

Resolving the debts, divorce, and child visitation matters will require either your physical presence in court, or an attorney to represent your interests. Since you will likely not be able to remain legally in the United States, you should probably consult with:

1. A civil attorney regarding the debts.

2. A family law attorney regarding the divorce and child custody/visitation.

3. An immigration attorney.

You should hire an attorney in categories 1 and 2 once you find attornies you are comfortable with, and if you intend to take action in these areas. Consulting with an attorney in category 3 is just to reassure yourself that you know any options you might have.

[dwheels76 5,469]

What is OP ?

OP=Original Poster

Which is you.

[bigdog 376]

Jim nailed it.

[Shiobhan 235]

OP with a conniving woman like this {as u have posted}

You do need a DNA not because you were around means

its your baby , not something you may want to hear but its

a possibility, when a woman is pregnant there is a certain

feeling comes over her for the man who got her pregnant

even if they had prior problems , unless he was abusing her,

she wants him there rubbing stomach, legs, and doctors visits

so at 5 months and not wanting you around, totally out of the

picture???same way she scammed U for money, she'll scam U

out for child support {which she can apply for via your foreign

affaires ministry} depending on what country U are from.Don't be

silly get a DNA test and an attorney you no longer seem to have

an immigration leg to stand on if U overstay , leave now and visit

again when the baby is due

[MATA 1]

In some states, they will not grant a divorce while a woman is pregnant. You may want to check the laws in your state. The immigration officer I spoke with during my interview said a child was enough proof that a marriage was valid. Maybe she is just struggling with hormones and will come around.... Either way, you should find a good lawyer and prepare to fight to stay here to be with your child. Every child deserves to have both parents. But unless she goes through with the application, you will most likely require a DNA to have proof for your case. And the money was spent as a married couple.... She will not be entirely responsible to pay it back. A judge MAY order half in a divorce decree, but when you marry, you acquire the debt of the other person as well... I am sorry to hear of your situation, it must be hard and hurtful

[anajnic 87]

I don't know what is the condition card is? I don't know anything about the laws here. I am in us from last 5 months only. It was 2nd trip to US to meet her parents for Xmas when we decided to marry.

She filled up all the forms and sent to USCIS. But her problem is that she say "I said I am done, means done". She says that " I want you to stay here for the baby, but I can't be your I-864 obligatory for 3-10 years is a long period.

She even does not meet the poverty guidelines. My friend is ready to sign another I-864 as a joint sponsor. But she says that still she will be the first person of responsibilities.

We went to USCIS infopass and they assured her that because she doesn't meet the requirments so the joint sponsor will be the responsible but she asked them to give her that in writing... Isn't it funny ???

I got my DL and state ID. But other than that I have nothing. Case is pending still. My I-94 will also expire next month. I have no problem to go back to my country as I can start my life again. But there are some things bothers me:

1. She made all the promises to me to get married and all so I trusted and merried her.

2. I am staying here on her trust, which I never planed to.

3. I love her too much, but going to lost that and my wife too.

4. She is pregnant and baby is on board, if I will go back cant arise my child.

5. I may will lost my 10 years visa because I am conditional now.

6. I borrowed the money and spend on her, which I never can pay back.

Many other things but all the lose is to me just because she just want to move on ????

Please advice me what to do next ?

OVER STRANGE, I AM COMPELLED TO ASK IF YOU THINK THE BABY IS YOURS????? BECAUSE THATS CRAZY RIGHT THERE HER ATTITUDE. I CAN ONLY SAY , SINCE SHE FILED ALREADY WATCH AND SEE WHAT HAPPENS, GET MARRITAL COUNCELLING FOR YOU BOTH SO ATLEAST IMMIGRATION WILL SEE THAT YOU ARE TRYING. YU JUST NEVER KNOW. WEIGH THE PROS AND CONS BECAUSE TO STAY IN AMERICA YOU HAVE TO WORK IN AMERICA OR ELSE IS PURE HOMELESSNESS. CHOOSE YUH BATTLE

Yes it's my child and she is 3.5 months pregnant. I have worries to go back if she pays all the money we borrowed back.

I have all proofs. Of money.

What is OP ?

HOW YOU KNOW ITS YOURS??? BOI!!! CHECK THAT..OVA FISHY TO ME