He wants a divorce

[irene_21 0]

Hi! I don't know where I should start here and I have a question that I don't know where should I post. Anyway, here is my story. I am a filipina, 47 y/o this coming 21st of February. I married a US citizen last December 12, 2013. I am preparing everything for the petition papers to be submitted to USCIS but we are still waiting for the certified true of his birth certificate. Now, he lives in West Virginia and we agreed that I am just going to finish my job here in Maryland until the end of March but I regularly go home to him on weekends. Suddenly, yesterday (Feb 18) he started accusing me that I am cheating on him! He said he is filing for a divorce... My question: What is my chance in fighting him back over his accusations to me? Please give me some ideas. Thank you.

[Kathryn41 3,205]

Thread has been moved from the Site Discussion forum to the Effects of Major Family Changes on Immigration Benefits forum as a more appropriate location for this discussion.

[aaron2020 11,651]

Hi! I don't know where I should start here and I have a question that I don't know where should I post. Anyway, here is my story. I am a filipina, 47 y/o this coming 21st of February. I married a US citizen last December 12, 2013. I am preparing everything for the petition papers to be submitted to USCIS but we are still waiting for the certified true of his birth certificate. Now, he lives in West Virginia and we agreed that I am just going to finish my job here in Maryland until the end of March but I regularly go home to him on weekends. Suddenly, yesterday (Feb 18) he started accusing me that I am cheating on him! He said he is filing for a divorce... My question: What is my chance in fighting him back over his accusations to me? Please give me some ideas. Thank you.

What do you want to fight over?

Even if you prove you did not cheat and his actions is what drove the divorce, it doesn't change your status.

If he doesn't want to file to adjust you, then there is nothing you can do. No court can order him to file for you whether you are married or divorced.

Edited February 19, 2014 by aaron2020

[belinda63 3,041]

Although I don't know about the state he lives in most states are no-fault divorce states. That means there doesn't have to be a reason for the divorce other than one party wants it. Even if you fight it eventually the divorce will go through unless your partner changes his mind.

As to your green card. Nothing has been filed and probably will not unless you can reconcile.

[christeen 966]

So you were married and currently out of status? No application has been filed for Adjustment of Status correct? If so, this puts you in a very difficult position... Can you clarify your status so the correct info can be given?

[Darnell 8,479]

My question: What is my chance in fighting him back over his accusations to me? Please give me some ideas. Thank you.

Zero.

Sure, if he makes a list and presents it in a petition for divorce,

you or your lawyer could rebut the list,

but

since he's the petitioner, the Judge won't listen to any rebut on the accusations.

Sorry.

[irene_21 0]

Thanks all for your responses. I think my husband have insecurities and anger issues, He sounded he's calmed down yesterday as I spoke with him over the phone. I will just have to deal with it and help him. So God help me!

[Mela17 36]

Oh, so he said he's filing for a divorce but he's not actually filing. Be careful if you're with someone who makes threats like that. it sounds controlling and makes me worry for you a little. I hope it works out ok.