GC holder wants out of their marriage

[apple21 953]

I'm curious. Did you confirm if she has a 2-yr or 10-yr GC?

[panda1 1]

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.

I agree with John. Just because she is a lady and playing the 'Husband is a cheater' card does not mean that we should trust her blindly and help her out so she could get out of her maarige and can keep the GC. It's important to know the other side of the story too. We don't know her personally but if I was her. I would discuss my case with my family and friends to save our marriage. I would seek advice from marriage counseller rather than worrying about how to keep my GC. It's only been few months that she is married and arrived in the USA, If she married him solely for the immigration beneifts, I am sure she will suck it up with him, if they wont let her keep the GC.

[christeen 966]

I agree with John. Just because she is a lady and playing the 'Husband is a cheater' card does not mean that we should trust her blindly and help her out so she could get out of her maarige and can keep the GC. It's important to know the other side of the story too. We don't know her personally but if I was her. I would discuss my case with my family and friends to save our marriage. I would seek advice from marriage counseller rather than worrying about how to keep my GC. It's only been few months that she is married and arrived in the USA, If she married him solely for the immigration beneifts, I am sure she will suck it up with him, if they wont let her keep the GC.

It is NOT the place of anyone here on VJ to judge who and under what circumstances we will provide assistance. The OP had a question and here on VJ, we are a community that helps answer questions based on our own research and experience. To start to litmus test who deserves the advice is against the goals of this community or to preface that advice on hearing both sides is absurd. Now you personally can decide if YOU choose to offer advice or not, but to tell others not to help someone because of a Your perceived bias I believe is in violation of the intent of this website. To the OP, you have gotten some info on what direction to start your research and there are many others here that have similar situations, sorry it did not work out.

[Caryh 5,206]

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.

Very true. She can be considered divorced here and the rest of the world, just not in the Philippines. A bigamy case can only be brought in the Philippines and that's only if her current husband brings a case against her. Adultery is also a criminal offense in the Philippines, for which one can spend time in prison. As long as she always stays out the Philippines, and/or her husband stays out, she shouldn't have any issue. Such cases are really only brought up when one spouse brings a case against the other. The aggrieved spouse also needs to pay to prosecute the case, which is why its not all that common to see someone charged and convicted there. Bringing such charges really only occurs when one party sees the ability to make money out of it, or wishes to punish the other. But it does kill the ability to remarry in the Philippines without getting the marriage annulled there.

[Holly2234 66]

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.

This exactly, and following on from that, the divorce needs only to be filed for and in progress for her to file alone (90 days before expiration) and if the divorce is completed before the 90 day period before expiration, she needs to file for ROC straight away.

I left my husband in May, we were together for over 4 years, lived in the UK together and when we came to the US (he didnt like the UK and wanted to go home to the US) things just didnt work out. My marriage was 100% real and we had joint bills, taxes, a child etc. So even though i am waiting for the 6 month waiting period of irretrievable breakdown of marriage on a divorce to pass before i am able to file (NY rules), i have kept all of the evidence and as soon as it gets to 6 months, i will file for divorce, then begin the ROC process alone and request a waiver.