Petitioner Doesnt want to live with Husband

[FZSA 23]

Hello Friends !!

My friend who is living in USA have a serious problem ! I hope you will write a good words for him

Actually he went to US on marriage basis 15 months ago and living as Conditional GC

Now his wife is not cooperate with him and do not wants to leave with him , their marriage was arranged and that time she did not want to get married with anyone....In short she was not ready for marriage because she was just 21 year old..

She did not open joint account with him nor joined tax return .. In short she just living with him in same roof only .

Also i want to add here that she doesnt have rights to give divorce to him , this is only my friends rites written in Nikah Nama ....

So what he can do to remove his condition on GC??? while he wants to live with her

Can he apply without her while they are still married and living in same home ????

If yes then what will be the rite path ?

Looking expert response !!

Edited August 15, 2014 by FZSA

[Merrytooth 5,748]

Hello Friends !!

My friend who is living in USA have a serious problem ! I hope you will write a good words for him

Actually he went to US on marriage basis 15 months ago and living as Conditional GC

Now his wife is not cooperate with him and do not wants to leave with him , their marriage was arranged and that time she did not want to get married with anyone....In short she was not ready for marriage because she was just 21 year old..

She did not open joint account with him nor joined tax return .. In short she just living with him in same roof only .

Also i want to add here that she doesnt have rights to give divorce to him , this is only my friends rites written in Nikah Nama ....

So what he can do to remove his condition on GC??? while he wants to live with her

Can he apply without her while they are still married and living in same home ????

If yes then what will be the rite path ?

Looking expert response !!

This is US, the wife has the RIGHTS to divorce him whether your friend accepts it or not.

[FZSA 23]

OK then what is husband rites ?????? If he want to live with her ??? In USA there is no LAW for non-American ???

Edited August 15, 2014 by FZSA

[Harpa Timsah 13,258]

OK then what is husband rites ?????? If he want to live with her ??? In USA there is no LAW for non-American ???

Geez... He can live here. He can remove conditions on his own based on divorce. Look at the instructions for I-751. He cannot force a woman to live with him.

Edited August 15, 2014 by Harpa Timsah

[kzielu 1,149]

OK then what is husband rites ?????? If he want to live with her ??? In USA there is no LAW for non-American ???

Law is the same for everybody, american or not - and as in any other civilized country allows people to have free will about who they're going to live with.

[Ihavequestions 419]

She can divorce him, he can divorce her. In most states, neither of them need to produce a reason, only that they want a divorce. Even states that do require a reason will still grant a divorce. Nobody is ever forced to stay married.

[Sandra G. 5,047]

She has the right to divorce him,anytime she wants,and she does not have to prove anything to divorce him.It amazes me how some people want to stay married when the spouse does not give a damn about the marriage. Some people have to develop /regain self esteem and self respect in order to walk away when the marriage fails.We follow here the US Laws, not what is written in any Nikah Nama.

Edited August 15, 2014 by sandranj

[Hotter Otter 1,211]

OK then what is husband rites ?????? If he want to live with her ??? In USA there is no LAW for non-American ???

Why would he have rights that meant he could live with her even though she wants a divorce? Women have equal rights in the US, maybe your friend should have done some research about the US before he moved there!

[Merrytooth 5,748]

Why would he have rights that meant he could live with her even though she wants a divorce? Women have equal rights in the US, maybe your friend should have done some research about the US before he moved there!

I am sure he did.. thinking that he is protected by Nikah Nama.

Since it is an arranged marriage, I assume they are of the same culture, so assuming the wife will somehow be browbeaten to stay in marriage no matter what

[CowBoE 429]

OK then what is husband rites ?????? If he want to live with her ??? In USA there is no LAW for non-American ???

One person's rights to divorce overrules the other person's desires to stay married.

This is not a wife or husband rights, or US citizen or non-US citizen.

They all have same rights to file a divorce.

[meandmine 8]

I assume u r the close friend of him , I being, born in UK from Pakistani parents,, US CITIZEN for more than 20 years, know that this fellow needs to go back to Pakistan and start new life there.This is better for him . The lady has all rights here. I know very well that most of the children born from the parents from the developing countries like Pakistan in the developed countries like USA, they can decide what to do with their life.....Sorry to say that, this is not Pakistan, Here we have all human rights what we can think, should be!!!!! I remember a known person suffering from this kind of problem, who went back home in Pakistan with her parents to find a groom from her culture, got married there, the man arrived UK AND LATER found out that he had an other affair !!! non stop ... With another women in Pakistan... Even after marriage !!! Who he wanted to bring here in UK after getting ride of the present marriage which was used to just get the visa,Anyhow that marriage ended as a fraud marriage and the fellow was thrown out of UK, back to his country.GOOD LUCK FOR THIS TRUE MARRIAGE!!!!!!!

[Boiler 45,482]

First Duty: Obedience. A wife should be as obedient as she can to her husband. This preserves the family and protects it from collapsing. This is part of Islam’s organizing of the family structure. The Prophet (peace be upon him) was asked: ‘Which women are the best?’ he answered: “The one who pleases him when he looks at her, obeys him when he asks something of her, and is not disobedient in herself or her money in what he hates.” [Musnad Ahmad]

One should note that a wife’s obedience to her husband falls into one of four categories:

1- To ask her to do something this is commanded by Islam, such as the five prayers. Here the wife must obey her husband, and she would be considered sinful from two perspectives if she fails to obey.

2- To ask her to do something which is beneficial to him, or to refrain from doing something which is harmful to him, such as things which have to do with his food or clothes. She should obey him here unless there is a valid excuse not to.

3- To ask her to do something which falls into her personal affairs, such as asking her to give him money or forbidding her from speaking to a friend for no good reason. Here she can obey him if she wants but she does not have to. She should consider the benefit and harm of such obedience.

4- To order her to disobey Allah’s commands, and here she must disobey her husband.

[Fan_Dancer 171]

First Duty: Obedience. A wife should be as obedient as she can to her husband. This preserves the family and protects it from collapsing. This is part of Islam’s organizing of the family structure. The Prophet (peace be upon him) was asked: ‘Which women are the best?’ he answered: “The one who pleases him when he looks at her, obeys him when he asks something of her, and is not disobedient in herself or her money in what he hates.” [Musnad Ahmad]

One should note that a wife’s obedience to her husband falls into one of four categories:

1- To ask her to do something this is commanded by Islam, such as the five prayers. Here the wife must obey her husband, and she would be considered sinful from two perspectives if she fails to obey.

2- To ask her to do something which is beneficial to him, or to refrain from doing something which is harmful to him, such as things which have to do with his food or clothes. She should obey him here unless there is a valid excuse not to.

3- To ask her to do something which falls into her personal affairs, such as asking her to give him money or forbidding her from speaking to a friend for no good reason. Here she can obey him if she wants but she does not have to. She should consider the benefit and harm of such obedience.

4- To order her to disobey Allah’s commands, and here she must disobey her husband.

And what are the obedience rules for husbands? Oh, wait ...

[nadia&sameer 12]

Hello Friends !!

My friend who is living in USA have a serious problem ! I hope you will write a good words for him

Actually he went to US on marriage basis 15 months ago and living as Conditional GC

Now his wife is not cooperate with him and do not wants to leave with him , their marriage was arranged and that time she did not want to get married with anyone....In short she was not ready for marriage because she was just 21 year old..

She did not open joint account with him nor joined tax return .. In short she just living with him in same roof only .

Also i want to add here that she doesnt have rights to give divorce to him , this is only my friends rites written in Nikah Nama ....

So what he can do to remove his condition on GC??? while he wants to live with her

Can he apply without her while they are still married and living in same home ????

If yes then what will be the rite path ?

Looking expert response !!

Hi Fzsa,

I don't believe there is much he can do to prevent her from divorcing him. From my understanding, because they are in the US, she can file for divorce here even if they were legally married by the Nikah in an Islamic country. I believe he can still apply to remove conditions on his own and quite honestly may have an easier time with that if they are divorced rather than living together, but her being unwilling to go through the process with him. I understand how important the Nikah Nama is regardless of US law, but it sounds like she never wanted to marry and her being forced to do so is against Islam and Allah. If he cares for this girl, they have tried counseling and they still truly unhappy together it may be the kindest thing for him to let her go and for him to find a woman that shares the same values of marriage as he has.

I wish your friend the best of luck with whatever happens.

For all the non-Muslims out there. A Nikah Nama is a binding contract, much as a pre-nump would be. I don't agree with writing in the contract that only he can divorce, but that is the contract she signed. I don't want to get into a debate about Islam, but please know Muslim women have many rights in marriage, divorce, and everyday living. Don't confuse one's culture with their religion.

[meandmine 8]

The explaination of Nadia&sameer is very precise, and could be a closing statement for whom they r from these believes.