Need advice [edited title]

[Pinkrlion 2,716]

I am not a person who gives advise lightly.  If you are ready for him to leave, go to the local courthouse and have him legally evicted, and the police will escort him from your home.  You could care less that he is homeless, hungry, jobless, penniless, etc... and file for divorce.

 

If you feel strongly that it was marriage fraud, discuss this with your divorce lawyer, they know how to include certain statements in the divorce decree.  

 

He can go live with chick on the side all he wants.  Good Luck and God Bless, there is nothing you can do about it.  

[Boiler 45,486]

15 hours ago, Jass said:

Hello, 

I need advise. So, things are not going great with my husband and I. He just got his green card in January, and all of a sudden has started acting funny;hewants to leave, he hates his job and wants to quit and he even started conversing with another woman. What are my options here? I honestly don’t think he came for the right reasons, but i have no proof. And i don’t think that it would be fair for him to stay here in the US. What can I do about this? 

Divorce

[Crazy Cat 41,845]

18 hours ago, Jass said:

He already tried to leave and called the police and i hit him, which i didn’t. He knows that they would let him stay for domestic reasons. The girl lives here in the states and he had still been communicating with her out entire marriage

1.  File for divorce

2.  Move on and seek happiness for yourself

 

[bad4tatt 168]

21 hours ago, Jass said:

Hello, 

I need advise. So, things are not going great with my husband and I. He just got his green card in January, and all of a sudden has started acting funny;hewants to leave, he hates his job and wants to quit and he even started conversing with another woman. What are my options here? I honestly don’t think he came for the right reasons, but i have no proof. And i don’t think that it would be fair for him to stay here in the US. What can I do about this? 

I myself would flat out ask why he used you to get a green card?  When he goes to remove his conditions you will need to be there or he has to prove it was good faith marriage.  There is a reason he comes from a high fraud country.  Start gathering proof he's dishonest!

[Crazy Cat 41,845]

11 hours ago, Pinkrlion said:

I am not a person who gives advise lightly.  If you are ready for him to leave, go to the local courthouse and have him legally evicted, and the police will escort him from your home.  You could care less that he is homeless, hungry, jobless, penniless, etc... and file for divorce.

 

If you feel strongly that it was marriage fraud, discuss this with your divorce lawyer, they know how to include certain statements in the divorce decree.  

 

He can go live with chick on the side all he wants.  Good Luck and God Bless, there is nothing you can do about it.  

1.  Nope.  She can not have him evicted from a home they share.

2.  Divorce decrees simply say the marriage is dissolved.  There will be nothing in a divorce decree concerning his immigration.

 

From Legalzoom:

 

" If a couple occupies a dwelling during their marriage, it is the marital or family home. Neither spouse can evict the other from the marital home on his own. However, either spouse can ask the court to order the other spouse to move out if he can make an appropriate showing. "

Edited March 14, 2018 by missileman

[Unlockable 7,314]

32 minutes ago, missileman said:

1.  Nope.  She can not have him evicted from a home they share.

 

This is correct and it is one of the biggest misconceptions of couples that live together, even those that aren't married. If he is a legal resident in a home he cannot be simply "kick out", unless there is DV.

[TBoneTX 45,284]

Thread title/opening post have been edited from "advise" to "advice," and a derailing post has been removed.

 

VJ Moderation

[Pinkrlion 2,716]

7 hours ago, missileman said:

1.  Nope.  She can not have him evicted from a home they share.

2.  Divorce decrees simply say the marriage is dissolved.  There will be nothing in a divorce decree concerning his immigration.

 

From Legalzoom:

 

" If a couple occupies a dwelling during their marriage, it is the marital or family home. Neither spouse can evict the other from the marital home on his own. However, either spouse can ask the court to order the other spouse to move out if he can make an appropriate showing. "

Same thing, she can get a court order to have him leave.  Name/Title of the order does not matter, it can occur, and does in numerous states.   

[Crazy Cat 41,845]

6 minutes ago, Pinkrlion said:

Same thing, she can get a court order to have him leave.  Name/Title of the order does not matter, it can occur, and does in numerous states.   

Court order based on what????  Because she"is ready for him to leave"?  It won't happen unless she can prove DV.  Their home is his home, too.

[Pinkrlion 2,716]

1 minute ago, missileman said:

Court order based on what????  Because she"is ready for him to leave"?  It won't happen unless she can prove DV.  Their home is his home, too.

Not true, (Domestic Violence is not always a factor) I know it to have occurred, walked through the process with my friend, and the court issued the order for him to vacate the premises.  His name was not on the home but due to staying there more than 3 months he is considered a resident of the home.  He was served by the local sheriff and asked to immediately vacate.  Instructed to call and schedule a time to get his belongings.  

 

If you do not have the experience, do not challenge the advice.  You can google anything and it will not tell you the process, but It can be done, and she will have to go to court to achieve it.  

[Crazy Cat 41,845]

20 minutes ago, Pinkrlion said:

Not true, (Domestic Violence is not always a factor) I know it to have occurred, walked through the process with my friend, and the court issued the order for him to vacate the premises.  His name was not on the home but due to staying there more than 3 months he is considered a resident of the home.  He was served by the local sheriff and asked to immediately vacate.  Instructed to call and schedule a time to get his belongings.  

 

If you do not have the experience, do not challenge the advice.  You can google anything and it will not tell you the process, but It can be done, and she will have to go to court to achieve it.  

As I said, "If you are ready for him to leave" is not sufficient grounds for a court order....which is what you implied....Their home is his home, too.

[Unlockable 7,314]

16 minutes ago, Pinkrlion said:

Not true, (Domestic Violence is not always a factor) I know it to have occurred, walked through the process with my friend, and the court issued the order for him to vacate the premises.  His name was not on the home but due to staying there more than 3 months he is considered a resident of the home.  He was served by the local sheriff and asked to immediately vacate.  Instructed to call and schedule a time to get his belongings.  

 

If you do not have the experience, do not challenge the advice.  You can google anything and it will not tell you the process, but It can be done, and she will have to go to court to achieve it.  

I have seen it happen also where the person tried to "evict" a person she was living with but failed. They both ended up having to move out and she nearly lost her job. The reason why it failed because her ex proved that he was a legal tenant there with bills and lease in his name.

 

The reason you friend was successful was because, like you stated, his name was not on the property. In some states if it is a rental property then if the other person can prove he or she is a legal tenant that contributes to the house, they can't be forced to leave. If it is property ownership, they owner can have an easier time removing a person even if that person paid the bills. It would still need to be through the courts though.

 

Finally, if they couple is married, then regardless of who was paying the bills, unless there is DV, then one spouse can't simply kick out the other. Heck, I have even seen cases where the married couple filed for divorce and they still lived under the same roof until the final divorce court decision.

[Jenny17655 284]

On 3/14/2018 at 8:19 AM, bad4tatt said:

I myself would flat out ask why he used you to get a green card?  When he goes to remove his conditions you will need to be there or he has to prove it was good faith marriage.  There is a reason he comes from a high fraud country.  Start gathering proof he's dishonest!

Jamaica is not a high fraud country

[Randyandyuni 2,682]

Don't worry about the effects of your decisions on him, worry about suits your needs, divorce if you choose, but protect yourself both legally and physically in the interim. Do not make yourself an easy target