Getting a divorce while on conditional Green card, what are my rights?

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

I said 50% of the equity, then you went on to explain what I said... is that why you quoted me?

Equity in the home is the difference between mortgage and value of the house. My husband and I for example own a home. We've only owned it for 2 1/2 years. Lets say we bought it for $100K. If the house is now valued at $120K and my mortgage is down to $95K then the equity (difference) is $25K which could be (but isn't always) split 50/50. The opposite is true as well.

As with making money, houses sometimes depreciate (are worth less) than what you paid. So the mortgage might be for $100K but the house is now worth $90K, that means there is no money to split, and in fact, if the house were sold to split the value of the house, then both parties get a DEBT of the difference between sale price and money owed on the house.

Regardless, the OP needs to be aware that if she wants to share assets, she could share debts as well. So if he still owes $10K on the ring, SHE could owe $5K for the ring. Same with credit card debt and any other debt.

In any event, the OP doesn't mention a house or any other major assets so this is purely conjecture and so .

OP - your rights in the divorce are the same as anyone else. You MIGHT be awarded money, you could end up with debts.

Immigration wise you're here legally at present. Once your divorce is final you are in breach of the conditions of your GC and are technically deportable (though most likely you would be ordered to ROC immediately).

So try and speak with an attorney, there are free places around.

GOOD LUCK!

Because she's a Filipina. SHE cannot file, the USC has to if she wants her divorce recognised in her home country - otherwise she can never remarry and have it recognised in her home country or she'd be considered a bigamist.

Read my explanation again,equity as you described (50/50) diffrenct from equity that I described (equitable).

The Wife left the house, Husband continues to pay the mortgage, he is entitled to get more than 50% by law because he was paying the PITI and maintaining teh home.

[bomberman 0]

The only objection I have with what you are saying is that you seem to have left him (for the reasons you explained, I won't argue those), moved to another state and hoped that he would try and bring you back regardless. If it was not 100% over for you and you were hoping for a reconciliation, you should have at least stayed in NY even if you had moved out of your common residence. On the other hand, if he was so ill tempered as you described him to be, then I don't know why you would think that he would change. Leaving someone with the hope that he will then run to take you back is always a gamble. Sometimes it pays off and sometimes it doesn't. In your case it didn't. And even if it had, I doubt he would have changed anyway.

Yes, he has signed the affidavit of support for you, and that's been used in divorce cases before as a means of forcing the other spouse to pay alimony, but the primary purpose of that affidavit is him promising the government that he will pay them back should you - the immigrant - make use of any means tested benefits while still a LPR (technically you are not supposed to, but it's happened before). It's not necessarily a financial commitment towards you, although being spouses, it is kind of expected that he will support you financially while married.

Otherwise you seem to be moving in the right direction with your life - finding a job, saving up for a flight back home etc. I'm sure you'll manage in the end and you'll be fine.

I am not expecting him to support me for a long term,, just until i find a stable job..

thanks for all your reply..

[bomberman 0]

Why NY?

She can also file herself in California after meeting the residency.

PS: Young Lady, a piece of advice. The person that files first controls the divorce proceedings.

it's being filed in NY. and HE filed for it.

Talked to a lawyer from here but they said they won't be able to do anything becaues it's being FILED in NY

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

it's being filed in NY. and HE filed for it.

Talked to a lawyer from here but they said they won't be able to do anything becaues it's being FILED in NY

Oh so he field already.

Well then, the only thing to do is prepare to go to NY for rebutals or just take the verdict.

[Christi85 86]

OP and her Husband are not Celebs (if they were she would have a high roller Lawyer already and won't be on VJ), we need to ensure that we are giving sensible advices on here. And if we get called on an unsound opinion we need to be generous, learn and move on.

If you're going to respond to a critical issue then do it with the careful detail. Much rides on it.

Building up the OP with outlandish and untrue statistics won't help her. She needs realistic opinions.

With respect, you keep calling me on silly stuff, IMHO. Do you think that the OP doesn't know that she and her husband are not celebs and that she can't possibly expect anything remotely similar to a celeb-type divorce payout? The reason I mentioned celebs was specifically for the duration of marriage part- some of them stay married much shorter than the OP and some still get a decent payout. Now what the OP can expect from her ex is going to be commensurate with his and her income and of course NY divorce laws. Which I can't comment on, since I know next to nothing about. As far as Cali is concerned (and both my comments were specific to Cali, before the OP clarified her divorce was filed in NY), I do actually have a case in my husband's family, a non-celeb case might I add, where the wife ended up with a decent payout for a short lived marriage. The amount was of course commensurate with both sides' income and assets at the time.

But since everything we've been debating on was specific to battling a divorce in California and the OP has since said her divorce will be adjudicated under NY laws, there's no point in discussing this further.

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

With respect, you keep calling me on silly stuff, IMHO. Do you think that the OP doesn't know that she and her husband are not celebs and that she can't possibly expect anything remotely similar to a celeb-type divorce payout? The reason I mentioned celebs was specifically for the duration of marriage part- some of them stay married much shorter than the OP and some still get a decent payout. Now what the OP can expect from her ex is going to be commensurate with his and her income and of course NY divorce laws. Which I can't comment on, since I know next to nothing about. As far as Cali is concerned (and both my comments were specific to Cali, before the OP clarified her divorce was filed in NY), I do actually have a case in my husband's family, a non-celeb case might I add, where the wife ended up with a decent payout for a short lived marriage. The amount was of course commensurate with both sides' income and assets at the time.

But since everything we've been debating on was specific to battling a divorce in California and the OP has since said her divorce will be adjudicated under NY laws, there's no point in discussing this further.

As I suspected, 2nd hand information.

I personally left divorce court 3 years ago so I speak from first hand experience, key difference.

OP will be fine, divorce has been filed and is out of her hands since she is in California (I do not like this one sidedness though). She now needs to focus on the immigration angle.

Edited June 7, 2013 by Gowon

[Christi85 86]

As I suspected, 2nd hand information.

I personally left divorce court 3 years ago so I speak from first hand experience, key difference.

OP will be fine, divorce has been filed and is out of her hands since she is in California (I do not like this one sidedness though). She now needs to focus on the immigration angle.

Yes, I am aware of your previous divorce, you've mentioned it on other threads before. I never claimed I had first hand divorce experience (thank God!), though we are very close to said family member and happen to know a lot of the details of her divorce, but then neither do most VJ members who participate in the family immigration forums. But I digress.

I agree with your last sentence. Either focus on immigration or focus on saving up enough as soon as possible with a view to returning home.

[bby zoey 1]

Hi, sorry to hear that !

Well, here's the thing.. First, and foremost before you leave the Philippines you undergone CFO seminar, right? On that seminar, you were told that in an incidence that you were battered, abused verbally or any forms, report it immeditely to any "womens shelter" in your place.You should have research about woman shelter that you can run into, they will help you for sure. Then if you are still in the process of your immigration papers, I think the US government gives a proper dealing with your case, if it were proven you were "abused" they will grant you a continuation with the process even without the sponsor/petitioner you will still be qualified. Of course, I think it needs money to work on it. That's why you need to work. Secondly, the CFO seminar said that the best thing to do if the said incedence happened is to go back to the Phillipines, why dwell on a situation that you don't deserve. You deserve better than that! Your family is back home, waiting for you. A place where you will be cared, loved.

Good luck! I hope everythings be okay with you!

One more thing, with the divorced thing. If your husand is applying he will pay for everything. But if you will apply for it here in California I'm telling you it's not that expensive. You don't need a lawyer for a divorce, just go to the court and they will tell you what to do, they have law student interns that will assist you with the paper works, etc.. If your husband will not sign your Divorce paper it's still okay but it will take awhile for it to be finish. And then, you can ask for spousal support anyways.

Good luck !

Edited June 7, 2013 by bby zoey

[bigdog 376]

To file for divorce in California, there are California divorce residency requirements. First, either you or your spouse must have lived in California for the last six months, and second, you must have lived a minimum of three months in the county where you plan to file the divorce. Also I would see an immigration attorney if needed, maybe both or one who could do both for you. Obtain the proof to validate your marriage and make the best decision possible. Good Luck.

[Merrytooth 5,748]

Hi, sorry to hear that !

Well, here's the thing.. First, and foremost before you leave the Philippines you undergone CFO seminar, right? On that seminar, you were told that in an incidence that you were battered, abused verbally or any forms, report it immeditely to any "womens shelter" in your place.You should have research about woman shelter that you can run into, they will help you for sure. Then if you are still in the process of your immigration papers, I think the US government gives a proper dealing with your case, if it were proven you were "abused" they will grant you a continuation with the process even without the sponsor/petitioner you will still be qualified. Of course, I think it needs money to work on it. That's why you need to work. Secondly, the CFO seminar said that the best thing to do if the said incedence happened is to go back to the Phillipines, why dwell on a situation that you don't deserve. You deserve better than that! Your family is back home, waiting for you. A place where you will be cared, loved.

Good luck! I hope everythings be okay with you!

One more thing, with the divorced thing. If your husand is applying he will pay for everything. But if you will apply for it here in California I'm telling you it's not that expensive. You don't need a lawyer for a divorce, just go to the court and they will tell you what to do, they have law student interns that will assist you with the paper works, etc.. If your husband will not sign your Divorce paper it's still okay but it will take awhile for it to be finish. And then, you can ask for spousal support anyways.

Good luck !

It doesn't sound like she qualifies for VAWA case.

And she has to provide evidence to prove abuse/extreme cruelty.

She is perfectly fine to file the I-751 on her own once the divorce is done, if she still wishes to stay in US.

[bomberman 0]

Hi, sorry to hear that !

Well, here's the thing.. First, and foremost before you leave the Philippines you undergone CFO seminar, right? On that seminar, you were told that in an incidence that you were battered, abused verbally or any forms, report it immeditely to any "womens shelter" in your place.You should have research about woman shelter that you can run into, they will help you for sure. Then if you are still in the process of your immigration papers, I think the US government gives a proper dealing with your case, if it were proven you were "abused" they will grant you a continuation with the process even without the sponsor/petitioner you will still be qualified. Of course, I think it needs money to work on it. That's why you need to work. Secondly, the CFO seminar said that the best thing to do if the said incedence happened is to go back to the Phillipines, why dwell on a situation that you don't deserve. You deserve better than that! Your family is back home, waiting for you. A place where you will be cared, loved.

Good luck! I hope everythings be okay with you!

One more thing, with the divorced thing. If your husand is applying he will pay for everything. But if you will apply for it here in California I'm telling you it's not that expensive. You don't need a lawyer for a divorce, just go to the court and they will tell you what to do, they have law student interns that will assist you with the paper works, etc.. If your husband will not sign your Divorce paper it's still okay but it will take awhile for it to be finish. And then, you can ask for spousal support anyways.

Good luck !

Hi, I appreciate the thought.

I didn't report it or anything since i don't want it to be a big deal and was actually hoping there's some other option to resolve the issue.

i tried suggesting to see counseling for bout of us, but he said we didn't need that, and that we are just like any other normal couple.

I'm gonna call immigration atty though, thanks for the advice.

hope everything will be ok as well!