US Spouse wants Divorce. LPR in a Dilemma!

[sandra68 10]

Sorry for your issues,

As far as I know, google it, seeing you are the spouse of a US citizen you can get citizenship after 3 years, some conditions apply but you should not have an issue there.

See below

U.S. Citizenship - Naturalization

Naturalization is the process through which a green card holder obtains U.S. citizenship. There are certain core requirements that everyone must satisfy, but the length of time that an applicant must have had the green card before applying for naturalization differs.

Qualifying requirements for the applicant:

1. Being a legal permanent resident of the U.S. (LPR), i.e., being a green card holder.
2. Applicant must have had permanent resident status for at least 5 years. This is the case for most LPRs, but spouses of U.S. citizens may apply 3 years after obtaining the green card. Applicant cannot have been absent from the U.S. for more than 6 months at any point during the previous 5 years (or 3 years in the case of the spouse of a U.S. citizen) or before completion of the naturalization process.
3. Physical presence in the U.S. for at least one half of the time necessary to satisfy the requirements in section 2. This means 2.5 years present in the U.S. for applicants that qualify for citizenship after 5 years as a Green Card holder. It means 1.5 years for spouses of U.S. citizens.
4. Residence for at least 3 months in the state where the naturalization application is filed.
5. Ability to read, write, and speak ordinary English (which is tested during the naturalization interview).
6. Knowledge and understanding of the fundamentals of the history and government of the U.S. (also tested at the naturalization interview).
7. Good moral character, attachment to the principles of the U.S. Constitution, and proper disposition to the good order and happiness of the U.S. This means that the person should not have been arrested or convicted of any serious crimes, and should be willing to support the system of government in the U.S.
8. Be at least 18 years of age at the time of filing the naturalization application. It is possible for children under 18 years of age to naturalize, but they must do so based on an application filed by their parent(s).

all the best for you

Sandra

[belinda63 3,041]

Since you are divorcing you would apply for citizenship under the five year rule. But again citizenship is an option, not a requirement.

If you are awarded custody of the child during the divorce you will also receive child support.

I suggest you take a deep breath and begin an inventory of your job skills and look at the jobs available in your area or an area where you would like to live. Starting out new and on your own is scary but it is doable. You can receive assistance for the child so look into things like WIC (depending on the age of the child) and child-care assistance. There are many programs available to help you if you know where to look.

[wavj 26]

I am not an expert on this immigration process since I am fairly new to it but others had given you enough information on how to proceed in your situation.

I am sorry you are going thru this difficult situation, unless one has been in your shoes, no one else could truly understand how devastating this is. I was also dumped my my ex husband when our son was only 7 months old, he had H1B visa and I had H4, all he offered was to help me to switch my status to F1 so I could remain here legally ( for our son only) while he continued with his life. It was the must unfair situation, I was left with nothing, he took his savings out of US bank so he would not have to share, 50/50 share of assets never happened. I was terrified, uninformed, had no family here, had only 3 friends and my English was only 40% of what it is now. My son is now 10 years old, I went thru hell during all these years and I am going to tell you this, YOU WILL MAKE IT! it will hard and some days you may feel you can't take it anymore, but you and your daughter will be alright. You will have to learn to be strong, brave and if you have religious faith then hang on it. Now I look back and after all the pain, the very very dark times, I was always watched over. I made it thru even after when I went out of status for not being able to pay out state tuition anymore, credit cards maxed out, living with a friend, work permit application was flat out denied when I applied while I was still under F1 visa status. I kept pushing forward and after 7 years of being out of status now I am currently in the process of AOS. I was a single mom for years until I met my now husband. I waited for the right man to come to our lives to commit to marriage again, after all I went thru I did not want to end up in a bad marriage ( there are never guarantees as we know) but life is good again for us, I have a family again. I survived what at times felt like an everlasting storm and I learned so much during this journey.

Once again, trust that things will turn around for you and your child. You will learn that you have strength you didn't know you have. It will take time to realized this but I share a bit of my story to tell you that even when it is hard to see that things will be fine, you will smile again and find joy and comfort in your heart. Take it one day at the time. Good luck!

[NigeriaorBust 4,087]

Your ex to be sounds like a jerk. The " I will sign away my rights" usually translates to " I will be damned if you are going to get child support from me " You are entitled to that . Until you are a USC the affidavit of support comes into play and that can be used to establish the level of spousal support you will get. Some states have different laws on division of property. I have kept my premarital assets through divorce in a well known community property state .

[Harpa Timsah 13,258]

I don't think anyone is being rude. Some are just trying to get you to realize, although cryptically, that you can remain in the US for your whole life.

You are a LPR and you can remain one until you die (you have to renew your card every 10 years). You don't need your husband to stay a LPR. You can also become a citizen under the 5 year rule, if you want.

That all is easy and straightforward.

Now, you have a normal divorce, which is of course sad and frightening. You will need a divorce lawyer, who will fight for you in court to get any support that you need, like child support, alimony, etc. Despite that, you will probably need to get a job if you don't have one. Your lawyer can help explain all the possibilities to you.

Good luck and stay strong. It is hard but you will make it through.

[Soloenta 2,218]

I do, but it is subject to expiration. I am in no way looking to apply for citizenship in the near future. I just want to know all my options and prepare.

If applying for naturalization was the main problem, it would have been the first question I asked. Being the best mother to my daughter and having a solid plan for our future is my main concern at this point. But, this is an immigration website and people ask immigration-related questions here, so that's why I posted my questions here. (I was once a long time member who helped many, but don't wish to post under my old screen name for privacy reasons)

Again, if you have nothing nice to say, keep your snarky comments to yourself. I don't wish what I am going through right now upon anyone. I have never been so heartbroken in my entire life.

I was confused on whether it would be 5 years from the date I became an LPR or 5 years in total.

Here you go sweet heart and I'm so very sorry this horrible man has done this to you. I think what you need to know is below it's about traveling internationally and what to do if you have to be gone for an extended period etc. Good luck to you and may God bless and protect you.

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

[TBoneTX 45,872]

"Hijack" post & reply to it have been removed; see new thread in CR-1 Process forum with title "Sponsor Canceled - Can Use Retired Mother? [split]".

Avoid hijacking other people's threads.

[southcoast 27]

It is 5 years from the date of conditional residence if you get divorced, but you are getting pretty close to that anyway. You said you were planning an extended trip abroad. Just make sure the aggregate time out of the country does not exceed 180 days.

[WantOut 2]

NeedHelp, sorry to hear about your ordeal. I am in a similar situation but on the opposite side. You have a couple of issues to figure out.

1 - You mentioned you applied for your ROC in 2013. Did you receive it? If not then I would suggest you attempt to get it before the divorce. It will be a headache if you file for divorce before being granted your ROC.

2 - Travel - DO NOT leave the US until you have reviewed your situation with an immigration attorney.

3 - Speaking of immigration attorneys. I am assuming that you are meeting with a divorce lawyer next week. I would suggest you find a lawyer or an attorney's office that does have an immigration lawyer as well. They will need to know the legal implications of the I-864 Affidavit of Support and how to apply it. This the agreement that the USC has with you and the government to keep you above the 125% poverty level. This is just in case you cannot find a job that will support you and your kid.

4- Also if you need to find a place to live or need any other moral support then I you suggest you contact your local YWCA. Also contact any church groups or women's shelters in your area. Also it looks like your from Egypt. I would look for the local Egypt consulate to see if they will offer any suggestions or advise.

[dreamwarrior 0]

You've only been in this country for 4 years and you have a car and 10k saved up. My wife has been here for 1.5 years and hasn't been able to land a job yet. So you're doing very well! There's no reason you can't continue being the primary provider for your daughter. However, your ex husband needs to pay child support if he wants to get a divorce. Hire the most expensive lawyer your husband can afford. Just make sure that lawyer is more expensive than his. Have your lawyer request your husband pay for his/her services since you are not financially able to do so and according to his signed AOS he is still responsible for you. I know a poor LPR who got an immediate 50/50 settlement from her rich, freaked out husband (and his slave driving family) that way.

[Ontarkie 14,383]

~~Spamming post removed again, do not continue to spam unrelated threads~~

[Ontarkie 14,383]

~~Spamming post removed do not continue ~~

[Karam and Jamie 44]

I do, but it is subject to expiration. I am in no way looking to apply for citizenship in the near future. I just want to know all my options and prepare.

If applying for naturalization was the main problem, it would have been the first question I asked. Being the best mother to my daughter and having a solid plan for our future is my main concern at this point. But, this is an immigration website and people ask immigration-related questions here, so that's why I posted my questions here. (I was once a long time member who helped many, but don't wish to post under my old screen name for privacy reasons)

Again, if you have nothing nice to say, keep your snarky comments to yourself. I don't wish what I am going through right now upon anyone. I have never been so heartbroken in my entire life.

I was confused on whether it would be 5 years from the date I became an LPR or 5 years in total.

I wish you lived closer. I would LOVE to be a support to you and your daughter I pray things work out for you. What a rotten man he is. He should at least help you financially until you get on your feet.

[sassyseawitch 1]

I can't help much but I know that when the sister of my fiance applied for citizenship, they subtracted the days she was out of the country. She had to delay her application for a few weeks.

I also have a friend who has been an LPR for 30 years.

My fiances other sister has been an LPR for 5 years now.

[chulo 1]

I just came on-board and read your issue. eveyone is giving you some great advice. number (1) listen to what yur lawyer says and if you are concerned with immigration laws call the nearest office and make an appointment.. your daughter is american you are her Mom no separation....but be ware he, your husband, can change his mind about his rights!....Just in case he might file for total custody...just a thought....So make sure you are working to support yourself and child....stop worrying about raising her by yourself.....women have been doing this forever. if you have a job, car and daycare you will survive.....so stop being Weepy and take of your business.....cover your back and live your life....Keep one step ahead....be strong in his prescence and confident This is very important. God Bless.