GC holder wants out of their marriage

[Kai26 6]

So a friend of mine got married to her PR husband and later on joined him in the US but after a few months of stay she found out that her husband got involved with other girls so she wants out of her marriage. My question is can she still stay in the US even if they are separated? Correct me if im wrong but a PR spouse only holds a 2 year green card right? And they need joint filing for her to be granted a 10 year green card, so how can she do that if they are already separated? Btw. They are less than 2 years married when she entered US.

[Dbkrantz 16]

Hi !

Sorry for your friend that things have gone wrong.

In order for her to stay, she will need to prove that the marriage was bona fide and that it wasn't entered for the sole purpose of getting a GC.

The fact that he is involved with others is a good start, but she should find other documents such as joint documents, pictures of trips and holidays etc.

The best would be that the husband testifies that it was bona fide.

Good luck to her but if it was bona fide, she shouldn't have any problems proving that it is.

[Ryan H 3,821]

Moved from Philippines regional forum to Effects of Major Family Changes on Immigration Benefits forum; duplicate thread with no replies in another forum removed.

[apple21 953]

So a friend of mine got married to her PR husband and later on joined him in the US but after a few months of stay she found out that her husband got involved with other girls so she wants out of her marriage. My question is can she still stay in the US even if they are separated? Correct me if im wrong but a PR spouse only holds a 2 year green card right? And they need joint filing for her to be granted a 10 year green card, so how can she do that if they are already separated? Btw. They are less than 2 years married when she entered US.

If she was petitioned under the F2A category, check her GC. Is it 2-years or 10-years valid?

[Kai26 6]

They are only married for less than 2 years when she entered US so that gives her 2 year conditional green card right?

[Kai26 6]

Hi !

Sorry for your friend that things have gone wrong.

In order for her to stay, she will need to prove that the marriage was bona fide and that it wasn't entered for the sole purpose of getting a GC.

The fact that he is involved with others is a good start, but she should find other documents such as joint documents, pictures of trips and holidays etc.

The best would be that the husband testifies that it was bona fide.

Good luck to her but if it was bona fide, she shouldn't have any problems proving that it is.

So like she will be stuck with her husband for two years right? Because she needs joint filing before the 2 year green card expires

[Dbkrantz 16]

Well, not necessarily.

She needs to ask for a waiver with the removal of conditions. From my understanding, if the marriage has been entered in good faith, and she has enough evidence to prove that it has, she will be able to claim permanent residency.

So she can divorce, and before the 2 years are up (90 days before), she will file the papers asking for a waiver and proving that it was entered in good faith. Although it normally is a joint-application, it can be done by her alone.

[Dbkrantz 16]

This thread will be useful :

http://www.visajourney.com/forums/topic/250156-divorce-before-2-years-is-up/

As you can see, she can file for her removal of conditions alone and ask for a waiver to prove that the marriage was entered in good faith but that it just didn't work out, explaining that the husband was cheating.

She needs to start gathering evidence of the bona fide marriage and continue to gather them for her to make sure that the waiver will be granted.

[Kai26 6]

Can the wife file for a divorce in the US even if she is just a green card holder? Because here in the philippines divorce is not yet recognized and both of them are still filipino citizen right?

[Dbkrantz 16]

I don't see why she couldn't but you would have to double check.

[Kai26 6]

Ok thank you for your time and replies. Greatly appreciated.

[NigeriaorBust 4,087]

They can divorce as when the divorce is final she files a waivered ROC ( not at 2 years unless that comes first ) If 2 years comes first an d they are mid divorce file for waiver and get an RFE for final dicorce.

[john gibbs 17]

I would like to hear the other side of the story from the PR.

Someone gets married and within months of arriving in the USA claims the PR husband is bad and leaves.

Sounds suspiciously like she married him simply for immigration benefits and now wants out.

[VanessaTony 3,567]

Can the wife file for a divorce in the US even if she is just a green card holder? Because here in the philippines divorce is not yet recognized and both of them are still filipino citizen right?

She could file but you are right, the divorce wouldn't be recognised in PI.

[VanessaTony 3,567]

I don't see why she couldn't but you would have to double check.

Divorce is not legal in the Philippines. The only exception is if the Filipino national is the Respondent to the divorce from a foreign national, then they can have it recognised. As in this case BOTH the OP and her LPR husband are Filipino's, the divorce wouldn't be recognised in the Philippines and they would be guilty of bigamy if they remarried someone else.