Petitioner Doesnt want to live with Husband

[S_R 148]

Incredible. Visajourney is becoming the theater of the absurd.

[mtempelaar 190]

In the US law trumps religion and woman and men have equal rights regardless of their religion, citizenship or background. Freedom and rights are the foundation of our country.

As everyone has stated, in the US she can divorce him regardless of Nikah Nama or any other religious contracts. If she divorces him, he has no right to stay in the house. The same would happen in reverse if he divorced her. He can't force her to allow him to stay....if he does she can get the police involved for an eviction or get a restraining order if circumstances reach that point. Then he's got a whole mess of problems on his hands. It is better for him long term to get the removal of conditions via the I751 and to do it peacefully without forcing her to do something.

[MUXAGIRL 69]

Surprise surprise, women do too have rights in the US, and CAN divorce their husband/lord/master anytime they please.

Does your "friend" want to live in the US after the divorce, considering women with equal rights walk among men?

[NY_BX 397]

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.

What did I just read?

[Expat1 971]

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 !!

Here's the expert response: The marriage contract and what is written in the marriage book does not matter in the US. Your friend cannot force a marriage here and cannot force his wife to help him remove his conditions either but he can divorce and try to remove conditions on his own.

[Expat1 971]

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.

Nowhere in Islam is forced or arranged marriage allowed and the guidelines of conduct in marriage are built around two parties who have freely chosen to marry.

It is an insult to Islam to apply these teachings to an arranged or forced marriage as are arranged or forced marriages themselves.

[Zach<3Katiuska 58]

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 !!

Dear...we are talking about USA here! No more Pakistan,No more India, No more Lebanon etc...The wife has rights to get a divorce,, to get another man, to do whatever it pleases with her life...There's nothing that the husband can do or you.

[Boiler 45,516]

If it is effectively a pre nup then there may be a civil action for damages.

USA is a nation of laws.

[Ihavequestions 419]

If it is effectively a pre nup then there may be a civil action for damages.

USA is a nation of laws.

A friend of mine - Pakistani, arranged marriage - left her medical career to stay home and raise children. After about 20 years, her doctor husband thought he would trade her in for a younger version. He came into court waving his marriage contract. The judge asked if his wife signed that she agreed he could have girlfriends. Of course she didn't. The result? He was taken to the cleaners.

[Boiler 45,516]

Do we know the nature of this contract?

[Brit Abroad 166]

What a lot of overreactions about women's rights and the law. What I read was that the OP's friend wants to stay. He believed that in order to do so he had to remain married and living with the sponsoring spouse and felt he was being blocked by the wife's desire not to have a real marriage from the arrangement.

Just give the facts without all the assumptions about religious marriage versus US law. Jeebuz, people. Talk about way to be unfriendly to new posters.

OP. Provided the marriage was entered into in good faith, and the wife is prepared to allow your friend to prove this then he can remove conditions on the conditional green card by himself after divorce. It would be better for both your friend AND his wife to be have an amicable divorce so it isn't ugly with either family.

[tuckin14 58]

1) As a matter of law, a pre-nuptial agreement must meet certain requirements to be valid. I'm not an attorney so don't take this as gospel, but it cannot be against public policy, and it cannot be so unfair as to shock the conscience of the court. For example, a pre-nuptial agreement requiring a spouse to have sex on a certain frequency would be considered as against public policy. One prohibiting divorce would be also. Another way of looking at it, is that in Jewish law, the man holds the sole right to grant or withhold a divorce. Many Orthodox Jewish women obtain civil divorces even though they cannot obtain a religious divorce and therefore are considered unable to remarry in Judiasm. (There is a growing trend for Jewish religious courts to put extreme pressure on recalcitrant husbands to grant a divorce, but I think they are still unable to actually order him to do so or to grant one without his consent. I read once a about a man who had spend 27 years in jail for contempt. The court had ordered him to grant a divorce and he refused. All he had to do was say the words "I am willing.")

2) Coming back to the original question though - because this is a forum about immigration rights, not divorce and religion - the husband has the right to petition for removal of conditions if he can show that he entered the marriage in good faith. USCIS will allow for an arranged marriage if it is consistent with the religion and culture. The question is, did he intend or attempt to cohabitate? Did he intend or attempt to co-mingle finances? It pertains solely to the applicant; the USC's intentions are irrelevant.

Incidentally, I was told by an IDO yesterday that you do not have to be divorced to file for a divorce waiver. You only have to show that you have filed. You don't even have to have a final divorce decree by the time the I-751 is adjudicated.

[FZSA 23]

So what about the rights of Men ?? He turn down his job , family and every thing and live with her in US and after some time she said : I dont want to live with you without any reason ?

Should he need to go back ? Just because US women said i dont feel better ? Then why they get married form out side of US ? Why they dont get married in US ?

Men could not get married by force on the day of Nikah ? Then why they agree for Nikah ?

Just without any reason because they dont feel better ??

I know US laws but US women dont have rights to play with men heart .....Just because they are Americans

[aaron2020 11,651]

If it is effectively a pre nup then there may be a civil action for damages.

USA is a nation of laws.

On which of out laws are you determining that the Nikah Nama is effectively a prenup?

US courts have ruled that many foreign marriage contracts are nulled and void for being against public policy and unconstitional to enforce.

No US court would determine a Nikah Nama that traps a woman in a marriage without the possibility of a divorce as valid and enforceable as a prenup.

[nadia&sameer 12]

So what about the rights of Men ?? He turn down his job , family and every thing and live with her in US and after some time she said : I dont want to live with you without any reason ?

Should he need to go back ? Just because US women said i dont feel better ? Then why they get married form out side of US ? Why they dont get married in US ?

Men could not get married by force on the day of Nikah ? Then why they agree for Nikah ?

Just without any reason because they dont feel better ??

I know US laws but US women dont have rights to play with men heart .....Just because they are Americans

The man also has many rights, but they do not have the right to force a girl into marriage and force her to stay in that marriage (the reverse applies if it was your girlfriend doing this) This is true in the US and in Islamic countries. You cannot force someone to marry you. He does have the right to stay in the US for now, and as long as he went into the marriage with intent for a real marriage and didn't force it just so he could come to the US, then there's no reason he can't apply to remove conditions on his own and get his 10 yr card. Of course there's never a guarantee, anyone could be turned down if the gov't doesn't believe the marriage was real, but that could happen to any couple even if they are interviewing together.

You say this girl doesn't want to live together for no reason, but she does have a reason. She never wanted to marry him and was forced to do so. That is her reason. It doesn't sound like she played with your friend's heart at all. I think he forced her to marry hoping she would eventually feel differently about her. She gave it 15 months, but unfortunately it doesn't sound like her views of the marriage have changed so it's time for them to move on.

I am by no means an expert on this, but IMO if your friend's goal is to stay in the US then his best recourse would be to divorce. USCIS understands that sometimes marriages just don't work out. But if they find out he is forcing her to stay with him and that he forced her to marry him there is a chance they will think he only forced the marriage so he could immigrate here, whether it is true or not.

By the way, I totally support arranged marriages, as at least half of my friends were married that way. Growing up in the US, I find the divorce rate here is out of control. Many people seem to marry now with the intent of divorcing if it doesn't work out. I like Islam because marriage is taken much more seriously. But arranged marriages are supposed to be about family, friends, clerics, etc. matching up two people they believe share the same wants, values and beliefs. Then the couple meets and spends some time together and decide together whether or not they want to marry. All of my Islamic friends are still happily married (not saying they never have problems) while most of my American friends have divorced, sometimes multiple times. But sometimes the arranged marriage just doesn't work...especially if one of the parties is forced into it. Your friend may be a very good man, but unfortunately this girl just isn't the one for him. If he cares for her (and even if he doesn't), he needs to find the strength to let her go, if not for her, for Allah. There are many women out there whose beliefs and values will match up with his. I know divorce isn't ideal in Islam, but it happens. I cannot imagine Allah will not forgive them and InshAllah give him many blessings to him for giving this girl her life back.