Getting divorce and I don't know what to do

[monicagc 4]

Hi everybody i came to USA in April 27th everything was good between my husband and I, I met him In 2012 and we lived together for 2 years in my country we got engaged on New Year's Eve and we were planning on getting married there but his mom got sick he had to come back to take care of her, she didn't get better so we decided to apply for k-1 visa and move here, we have been together for almost 4 years but today I found on his Facebook he look for women from my country over hundred times the past 3 years I realize he cheated on me and I feel like a fool I wanna get divorce and I told him but he not only cheats on me he still telling he will no pay for my food or my son food anymore and he wants me leave his house as soon as possible and if I fight over prenup he will #### up my life

I just don't know what my rights are as a wife here in America I don't even have a car here i feel I am stuck here and i don't know anybody to ask for help

[NancyNguyen 1,658]

Have you filed AOS? If yes, did you have your greencard?

If you haven't filed AOS, there is nothing you can do. Divorce and leave country promptly. You can even divorce from your country.

If you have your greencard, proceed with divorce and file remove of condition I-751 with divorce waiver.

[monicagc 4]

Thank you for replying back

I don't have green card and I don't want to stay here either but while I leave and go back to my country I don't want to be treated bad by him, he threatens me to no buy food for me and my son and kick me out but I don't know if he has the right to do that

[deleted this acco 44]

is there any room for forgiveness since u have a child. he can fight u on custody of the child and u can't leave the country with the baby without him consenting to it.

[Pitaya 2,577]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Unshakable Faith 493]

is there any room for forgiveness since u have a child. he can fight u on custody of the child and u can't leave the country with the baby without him consenting to it.

I know we assumed that the OP's child was by her husband but she continues to say "my son" not "our son", so I'm wondering if she brought the child from a previous relationship?

If so, the husband would have no say so over the child.

Edited December 29, 2015 by FN&KO

[monicagc 4]

Yes my son is from a previous relationship

[NikLR 13,231]

Divorce and return home. Likely you wont get anything as you have been married less than a year.

[Unidentified 2,930]

Feels to me that the OP knows she needs to go back to her home country and I don't think she cares if she gets anything out of the divorce. WHAT SHE DOES want to know is what rights she has as the wife of an American regarding him treating her like garbage not providing food etc for her and her son before she leaves the country.

Edited December 29, 2015 by Maria&Seve

[IcezMan_IcezLady 582]

Unfortunately, just like NLR said, she gets nothing.

However, if OP wants to be salty, she can remind her husband about the affidavit of support.

Op can apply for TANF or WIC to support herself and her son. OP's husband will be coughing that money from his paycheck.

OP could go to the local FoodBank to get some food.

Let me warn OP that, her husband has already threatened to "f " her up. Don't take that lightly. if you are going to be continue living in the same house with husband then you should be cautious of the actions you take.

OR

OP could reachout to her family back home for plane fare. And let him deal with the divorce. Divorce can be very expensive.

[Cathi 5,782]

Unfortunately, just like NLR said, she gets nothing.

However, if OP wants to be salty, she can remind her husband about the affidavit of support.

Op can apply for TANF or WIC to support herself and her son. OP's husband will be coughing that money from his paycheck.

OP could go to the local FoodBank to get some food.

Let me warn OP that, her husband has already threatened to "f " her up. Don't take that lightly. if you are going to be continue living in the same house with husband then you should be cautious of the actions you take.

OR

OP could reachout to her family back home for plane fare. And let him deal with the divorce. Divorce can be very expensive.

There is no affidavit of support, they haven't filed AOS

[Unidentified 2,930]

There is no affidavit of support, they haven't filed AOS

She has not confirmed whether they filed for AOS. She has only confirmed that she has not received a Green Card.

[aaron2020 11,651]

Unfortunately, just like NLR said, she gets nothing.

However, if OP wants to be salty, she can remind her husband about the affidavit of support.

Op can apply for TANF or WIC to support herself and her son. OP's husband will be coughing that money from his paycheck.

OP could go to the local FoodBank to get some food.

Let me warn OP that, her husband has already threatened to "f " her up. Don't take that lightly. if you are going to be continue living in the same house with husband then you should be cautious of the actions you take.

OR

OP could reachout to her family back home for plane fare. And let him deal with the divorce. Divorce can be very expensive.

There is no I-864, OP does not have a green card. Lacking status, OP can not get TANF or WIC.

The reality is that OP and her son have no path to stay here. She can go home. The divorce can happen in the US or abroad.

[aaron2020 11,651]

She has not confirmed whether they filed for AOS. She has only confirmed that she has not received a Green Card.

As long as there is no green card, there is no affidavit of support that is enforceable.

[Unidentified 2,930]

Thank you for replying back

I don't have green card and I don't want to stay here either but while I leave and go back to my country I don't want to be treated bad by him, he threatens me to no buy food for me and my son and kick me out but I don't know if he has the right to do that

I just want to clarify details around your green card... You say you don't have one but did you and your husband at least apply for one and you just haven't received one or you didn't file for AOS?