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Posted

I don't have nobody here in Virginia beach all people I know they are friends to my husband.

my husband want me to sign the separation agreement but how about my alimony (spousal support ) and my rights in this country if I sing this paper

I believe you need to be married a couple of years to receive spousal support.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

I may have missed something important. Let me throw a scenario - you tell me if it applies to you.

Both of you want to get divorced. Both of you agree about terms of divorce, including division of assets and debts, and any spousal support.

If that's the case, you should look at filing a no-contest divorce, together at the county clerk's office - go in together, sign in front of the clerk, and then yer done, save for waiting for the prove-up day with the court. After that last bit occurs, yer officially divorced.

So, if there's this concept of 'no-contest' between you two - ie - no one disagrees about any points that I've mentioned already, then it's safe to go forth in the manner I've described.

Have a disagreement about the terms of the divorce? that is NOT a 'no-contest' divorce and must be ruled-on by a judge. Sure, must to first file, but that only gets you two on the calendar at the court, some date in the future.

Nota.Bene.: I am NOT a lawyer, and I don't play one on TV. Your mileage may vary, greatly. Wash Twice for full sanitary cleaning.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Posted

You have been married for a short time and your spouse has withdrawn sponsorship for your 1-485.

And you want alimony.

You have no one here, no relatives and all your friends are your husband's friends.

Correct me if I am wrong, but it seems like you wanted to stay here despite all that?

Is there any reason why you'd like to stay here given all the circumstances you mentioned, as opposed to going back to your home country?

Posted

I don't have nobody here in Virginia beach all people I know they are friends to my husband.

my husband want me to sign the separation agreement but how about my alimony (spousal support ) and my rights in this country if I sing this paper

If your husband wants a divorce and needs you to sign something ask him to book you a plane ticket and arrange for you to get home first. Otherwise don't make it easy for him.

Forcing the divorce through will cost him more than getting you back home. Sign whatever needs to be signed after you have the return ticket in your hand.

It is very rare for a state to award permanent alimony at all much less to someone who has only been married a few months.

The only property you are entitled to is a share of what you have accumulated since you got married. Everything that was his before the marriage is exempt and everything that was yours before the marriage is exempt from a property settlement.

The only thing you have to work with is whether or not you want to make it easy (cheap) or hard (expensive) for him to divorce you. On this issue you should negotiate your return then sign whatever needs to be signed to make a clean break. Good luck.

NOTE: Kindly take advice and see a legal aid attorney and confirm the above.

 

i don't get it.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Yes, if you're objective is to get back home, then make sure you have a plane ticket in your hands and whatever monies you need BEFORE you sign any papers. I wouldn't sign it until he drops you off at the airport.

May 2010 Visited Cynthia in the Philippines
08/10/2010 I-129F mailed to Lewisville, TX address (used Express Mail via USPS)
08/12/2010 Arrived at Dallas location and signed by B McBride
08/14/2010 NOA1 (via txt message & email)
08/17/2010 Touched (check clears)
08/18/2010 Receive NOA1 hardcopy
Nov 2010 Visited Cynthia in the Philippines...Hoping my next visit will be to bring her back with me...
01/26/2011 On January 26, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). (NOA2
02/03/2011 Received NOA2 hard copy in mail
03/28/2011 Interview Date scheduled
03/17/2011 Interview Cancelled by SLEC due to "possible" findings on x-ray
03/25/2011 Skin test negative, smear test negative for TB, BUT still mandatory sputum test delay 8 Weeks
05/17/2011 Sputum results NEGATIVE Whoohoo...but I think the x-ray results need some work or some better way of detecting it
06/01/2011 Interview and VISA APPROVED!!!!
06/08/2011 Visa Received!!!
06/13/2011 USA Bound!!!
06/14/2011 Reunited smile.png
07/23/2011 Married

10/12/2012 I-485 and EAD

12/10/2012 Biometrics/Fingerprints

12/24/2012 EAD card arrives

06/26/2013 filed Service Request

08/21/2013 AOS approved

08/29/2013 10 YEAR Green Cards Delivered!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

This is where I'm going to chime in, lady you do have rights and more than you think. First, go to the

local Lutheran Social Services, they will help you get help with an immigration attorney. Then, you

state has an organization for free legal services. I'm not sure what it is called. Also, if your husband

filed an I-864 and the fee was paid, that is paying the fee on your behalf. Because your the one

filing the the I-485. Just because he paid for it doesnt really allow him to withdraw it. I wouldnt sign

any divorce paper until you consult with an attorney. See, he is still responsible to pay for your

obligations, if you need public assistance he could be held accountable to pay those back. Don't

let anybody tell you you don't have rights. You do believe me. I am not an attorney, but I know how

this works. You call this number in Virginia 1-866-leglaid, good luck....

Filed: Country: Monaco
Timeline
Posted

hello everybody

I have a big problem and I with someone help my

this is my situation;

I came to USA with visa k1 since September, 2 weeks later I married with my husband ( U.S citizen), in November he sent I-485 to the USCIS for my adjustment of status

me and my husband we have been married for almost a year, our problem has been happening for a coupe of month and we can.t solve difference.

so we deiced to divorce because I know just a few week that he sent a letter to the USCIS a letter that he want to withdrawal my form I-485 and all other associated forms ( he sent the letter one month ago)

now I want to divorce with hime and want to know my right if I divorced because I don`t know someone how can help my I don`t have family here plzz I needdd help

Amira, I don't believe it is clear what your plans are. If you want to go back home, all you need do is ask your husband for a return ticket and leave. Give him a no-contest divorce and move on with your life.

If you want to stay in the US, your chances are slim or none. Having said that however, the only person who can make a qualified statement to that effect is an immigration lawyer.

I understand you have no family or friends here but I am sure there must be a community center in your city/town where you can get some guidance. If you belong to any particular religious faith, consider inquiring at your place of worship.

Good luck!

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www.ffrf.org




Posted

I believe you need to be married a couple of years to receive spousal support.

Unless the sponsor is a military member. Different rules apply to military members.

The only property you are entitled to is a share of what you have accumulated since you got married. Everything that was his before the marriage is exempt and everything that was yours before the marriage is exempt from a property settlement.

This actually depends on the state in which they are filing the divorce. States govern divorce settlements, not federal.

The question I want to ask the OP is... what do YOU want here? Are you happy in the marriage, and want to stay married? Or do you agree with (no contest) the divorce? If you want a divorce, and something crazy happens like your AOS is approved before USCIS gets his withdrawal request... would you leave, or stay here?

Filed: Timeline
Posted

This is where I'm going to chime in, lady you do have rights and more than you think. First, go to the

local Lutheran Social Services, they will help you get help with an immigration attorney. Then, you

state has an organization for free legal services. I'm not sure what it is called. Also, if your husband

filed an I-864 and the fee was paid, that is paying the fee on your behalf. Because your the one

filing the the I-485. Just because he paid for it doesnt really allow him to withdraw it. I wouldnt sign

any divorce paper until you consult with an attorney. See, he is still responsible to pay for your

obligations, if you need public assistance he could be held accountable to pay those back. Don't

let anybody tell you you don't have rights. You do believe me. I am not an attorney, but I know how

this works. You call this number in Virginia 1-866-leglaid, good luck....

ok thats not true.

yes he can write immigration and his I-485 removed.

that's a fact.

if he did it before her 2 year conditional green card expired then she is out of luck.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** one post against TOS and one quoting removed. Give constructive advice or do not post. ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: AOS (pnd) Country: Morocco
Timeline
Posted

I may have missed something important. Let me throw a scenario - you tell me if it applies to you.

Both of you want to get divorced. Both of you agree about terms of divorce, including division of assets and debts, and any spousal support.

If that's the case, you should look at filing a no-contest divorce, together at the county clerk's office - go in together, sign in front of the clerk, and then yer done, save for waiting for the prove-up day with the court. After that last bit occurs, yer officially divorced.

So, if there's this concept of 'no-contest' between you two - ie - no one disagrees about any points that I've mentioned already, then it's safe to go forth in the manner I've described.

Have a disagreement about the terms of the divorce? that is NOT a 'no-contest' divorce and must be ruled-on by a judge. Sure, must to first file, but that only gets you two on the calendar at the court, some date in the future.

Nota.Bene.: I am NOT a lawyer, and I don't play one on TV. Your mileage may vary, greatly. Wash Twice for full sanitary cleaning.

him he want me just sign the separation agreement without any terms of divorce, including division of assets and debts, and any spousal support.

 
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