Can she stay in US even if her husband wants her to go home

[amaada 18]

1 minute ago, LKMK said:

Sometimes immigration lawyers and other attorney's will give you a free consult.  Its worth a try, if needed.

Thanks LKMK. 

[MeAlone 161]

Many new immigrants believe it's so easy to sue the petitioner because he/she signed the affidavit of support. Yes, you can but look at the cases, how many won and what? mainly the Affidavit of Support it is between the Petitioner and US government in case if the new immigrant becomes the public charge, even then, the US government doesn't sue the Petitioner.

For to get a spouse support, the new immigrant needs to go to the court, get a good lawyer and see how good is the American judge to give to the new immigrant the alimony, usually the judge see how long did you live together, what were the petitioner properties BEFORE the marriage, if they have children together, etc. Many years of marriage and children could give you alimony, few months of marriage ... I doubt. Yet the new immigrant usually doesn't go for alimony as the lawyer usually cost lots of money and it is not worth it to spend 5-10K for to get for a short time of marriage 1K or even less

[amaada 18]

I just told my friend about all your inputs and she decided to just go home. She said she can’t hire a lawyer for herself anyway.

 

But she’s wondering what happens to their status of marriage after she’s sent home.

 

I have no idea what happens either so any inputs from you guys is much appreciated.

 

 

[Mollie09 1,543]

1 minute ago, amaada said:

I just told my friend about all your inputs and she decided to just go home. She said she can’t hire a lawyer for herself anyway.

 

But she’s wondering what happens to their status of marriage after she’s sent home.

 

I have no idea what happens either so any inputs from you guys is much appreciated.

 

 

She is married until they divorce. Leaving doesn't change that.

[Boiler 45,576]

She remains married if that is what you mean, no doubt much easier for her husband to process the divorce.

[amaada 18]

They stay married until the guy files for divorce?

 

yeah. Good for the guy. He got away with all that pretty easily. He can just say she left him. 

 

 

[Boiler 45,576]

Or she does.

[Mollie09 1,543]

3 minutes ago, amaada said:

They stay married until the guy files for divorce?

 

yeah. Good for the guy. He got away with all that pretty easily. He can just say she left him. 

 

 

This isn't great Philippines. Anyone can file for divorce for whatever reason. She can file.

[amaada 18]

I think there’s no way she can file for divorce? He’s sending her home in a couple days, she has no money and I don’t think she can work up the courage to file for divorce alone. She doesn’t even want to divorce. So it’ll be all up to the guy.

[Boiler 45,576]

It is not a major issue with a short marriage, no children etc etc, hopefully he will want to get it done. Something they need to talk about.

[MeAlone 161]

8 minutes ago, amaada said:

I think there’s no way she can file for divorce? He’s sending her home in a couple days, she has no money and I don’t think she can work up the courage to file for divorce alone. She doesn’t even want to divorce. So it’ll be all up to the guy.

if she wants her life clean, she needs the divorce too, she can offer the guy to sign both the quick divorce asking him to change the ticket for to travel a little later, she is still legal here and for her would be better to get her divorce decree with her. If it's both signing and no arguments, the divorce is very fast

[amaada 18]

3 minutes ago, MeAlone said:

if she wants her life clean, she needs the divorce too, she can offer the guy to sign both the quick divorce asking him to change the ticket for to travel a little later, she is still legal here and for her would be better to get her divorce decree with her. If it's both signing and no arguments, the divorce is very fast

Thank you for your input. Will def pass it on to her.

[LKMK 85]

20 hours ago, amaada said:

Thank you for your input. Will def pass it on to her.

One way or the other she will need a to obtain a certified copy of the divorce decree for her records if her husband divorces her.  Hopefully, their marriage was not registered with the Philippine Embassy or your are looking a disaster to get the recognition of foreign divorce in the Philippines.  If she does meet someone in the future and wants to get married in US she will also need a certified of the divorce decree.  Regardless, you need to push her to obtain certified copy of the divorce decree for her future.  For her sake I hope her CENOMAR still shows her as single.

 

So sorry for all that happened to your friend.  Please comfort her and tell her there is so much better out there and not to give up.

 

 

[Ontarkie 14,236]

6 minutes ago, LKMK said:

One way or the other she will need a to obtain a certified copy of the divorce decree for her records if her husband divorces her.  Hopefully, their marriage was not registered with the Philippine Embassy or your are looking a disaster to get the recognition of foreign divorce in the Philippines.  If she does meet someone in the future and wants to get married in US she will also need a certified of the divorce decree.  Regardless, you need to push her to obtain certified copy of the divorce decree for her future.  For her sake I hope her CENOMAR still shows her as single.

 

So sorry for all that happened to your friend.  Please comfort her and tell her there is so much better out there and not to give up.

 

 

If he files it is not hard to have the divorce recognized. She can get a copy of the decree anytime after it is final through the courts it's not a big deal. Will just take longer to get in the mail. 

Edited January 12, 2018 by Ontarkie

[amaada 18]

4 minutes ago, LKMK said:

One way or the other she will need a to obtain a certified copy of the divorce decree for her records if her husband divorces her.  Hopefully, their marriage was not registered with the Philippine Embassy or your are looking a disaster to get the recognition of foreign divorce in the Philippines.  If she does meet someone in the future and wants to get married in US she will also need a certified of the divorce decree.  Regardless, you need to push her to obtain certified copy of the divorce decree for her future.  For her sake I hope her CENOMAR still shows her as single.

 

So sorry for all that happened to your friend.  Please comfort her and tell her there is so much better out there and not to give up.

 

 

Appreciate that input so much. Will sure tell her to get a copy of the divorce paper.

 

Yes, she is a widow before this marriage. I’m so so sad for her. Thank you so much I will def do that. 😊