Divorce while holding 2 years greencard!!!!

[pongampy 0]

HI

i'm a new member here. I'm asking this question for my friend.

She's married and already has 2 years green card.

But she is filing the divorce cos her husband has a drinking problem and beat her. Their case is in the court now.

I have some questions need the answer.

1. She is wondering that her green card will be canceled right away or not after she signs the divorce paper?

2. If her green card is still effective after divorce, is it possible for her to file for removing conditional green card without her husband? I mean, can she do it by herself?

3. After divorce, will she get some alimony from him? since they got married for almost 2 years, and the husband is guilty as charge.

Thanks

[eau_xplain 2]

1. Her green card should still be valid even after a divorce, unless her husband files a claim of marriage fraud with USCIS and calls for revocation of her GC.

2. Yes, once she gets the divorce judment, she can file for removal of condition with a waiver for joint filing. She doesn't even have to wait for the "90 days before GC expiry" window. Check this link for more info.

[YuAndDan 153]

Question 1. NO

Question 2. YES

Question 3. Depends on the outcome of the case, that is up to the court.

She can file to lift conditions on her own. Abuse is a valid ground to file to remove the conditional status on the green card. (I-751)

If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status.However, you may apply for a waiver of this joint filing requirement if:

• You entered the marriage in good faith, but your spouse subsequently died;
  
• You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
  
• You entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
  
• The termination of your status and removal would result in extreme hardship.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[lucyrich 20]

On point number three, her divorce attorney should be made aware of the affidavit of support that was filed. That affidavit of support is NOT terminated by divorce. Some aliens have sued their spouses to be awarded support at a rate of 125% of the poverty guidelines under the affidavit of support instead of alimony. See Cheshire vs. Cheshire or Stump vs. Stump. Any lawyer can look these cases up, it should be enough to bring those cases to the divorce lawyer's attention.

It may be moot, because there might already be sufficient grounds for alimony above what the Affidavit of Support would have provided. But if not, the AoS might at least provide some leverage to get some support awarded.

[pongampy 0]

Thank you for all answers. I informed her already.

However, she has more questions.

1. She got married in Thailand, does it any effect to this case? in what way?

2. they did not sign prenuptial, will she has more chance to get alimony from him?

3. Where will she file for divorce? does she allow to do it in court or just at Thai embassy?

Thanks

[YuAndDan 153]

Thank you for all answers. I informed her already.

However, she has more questions.

1. She got married in Thailand, does it any effect to this case? in what way?

2. they did not sign prenuptial, will she has more chance to get alimony from him?

3. Where will she file for divorce? does she allow to do it in court or just at Thai embassy?

Thanks

Answers:

1. NO

2. YES, Prenups tend to specify if a divorce happens, the limit and what can be asked for in the settlement, with no prenup it is up to the court to decide.

3. The case is handled and filed in a US court, if she is living in the USA, the Thai embassy has nothing to do with a case involving a US Citizen.

[diadromous mermaid 36]

HI

i'm a new member here. I'm asking this question for my friend.

She's married and already has 2 years green card.

But she is filing the divorce cos her husband has a drinking problem and beat her. Their case is in the court now.

I have some questions need the answer.

1. She is wondering that her green card will be canceled right away or not after she signs the divorce paper?

2. If her green card is still effective after divorce, is it possible for her to file for removing conditional green card without her husband? I mean, can she do it by herself?

3. After divorce, will she get some alimony from him? since they got married for almost 2 years, and the husband is guilty as charge.

Thanks

She is filing for divorce from a US citizen to whom she has been married only a matter of a couple of years at best. It's doubtful she'd be awarded much in the way of spousal support for such a short term marriage, especially if it is her choice to divorce. Yes, I know that she has every right to get away from a person that is abusive, but I would suspect the court, if anything, may only award some temporary support until she can get herself on her feet. I wouldn't bank on it though! Good luck.

[Colada 0]

Hello Lucyrich,

Do you know where I can read more about the two cases that you mentioned?

Colada

[Nancy2015 2]

She is filing for divorce from a US citizen to whom she has been married only a matter of a couple of years at best. It's doubtful she'd be awarded much in the way of spousal support for such a short term marriage, especially if it is her choice to divorce. Yes, I know that she has every right to get away from a person that is abusive, but I would suspect the court, if anything, may only award some temporary support until she can get herself on her feet. I wouldn't bank on it though! Good luck.

A lot is going to depend on the state she resides in. But I agree, she probably shouldn't count on getting much more than temporary support.

Edit: Actually, since she's a battered spouse, she may have more chances.

Edited April 3, 2007 by Jewel12