advice needed on divorce matter

[all4love 0]

i have a friend who is going through a terrrible time with here husband and she always cries on me on fone everyday , she has been married for like three years but all of a sudden her husband attitude has changed and she said that she will rather go back to her country instead of living in bitterness, she want to go back home and give her self some break and hopefully see what can happen between them, she did not really give me the real details, my question is that she has a 10 year green card granted some time last year , if she goes back to her country , will she be able to use the green card to visit here after she has been divorced from here husband or will she need to apply for a visa again

[j&js 0]

If she already has her greencard, I am pretty sure divorce won't make a difference (although I could be wrong!) But I am also pretty sure that in order to keep it she needs to keep a permanent residence here, but can can visit where ever she wants.

[all4love 0]

ONE OTHER THING I FORGOT TO SAY WAS THAT WHEN SHE TOLD HER HUSBAND SHE WANTS TO GO HOME, HER HUSBAND SEIZED HER GREEN CARD , SO WHAT CAN SHE DO

[j&js 0]

Yikes. I don't know. I remember a friend of mine lost her green card (not here through this type of visa) and it ended up causing her a lot of trouble but was eventually sorted out.

Is this a case of abuse? I know there are laws to help K1's in that situation. Either way, I would suggest she contact either immigration or the police about the situation. Maybe even warn him first in case he wants to cough up the green card in the face of real trouble over it.

[JayJay 4]

It's not his green card to seize - I would suggest your friend call a police officer to accompany her into the house, and retrieve it from him! Nice, quick and simple - and that she then do what she needs to do. It's her card, her status and nope, she can't be deported or stopped from doing anything with a 10 yr green card - she is in no way bound or encased in a marriage which is no longer working.

I hope everything turns out okay (F)

[john_and_marlene 162]

If she is gone from the U.S. for over 1 year, she will lose her LPR status.

[diadromous mermaid 36]

Not true.

[chocolaterie 0]

As long as she maintains permanent residence here, she'll be a permanent resident, regardless if she divorces him. And jayjay is right, it's her GC. If it gets that bad that he's trying to control her by using this against her I would definitely seek legal help.

[dmartmar 1]

It's not his green card to seize - I would suggest your friend call a police officer to accompany her into the house, and retrieve it from him! Nice, quick and simple - and that she then do what she needs to do. It's her card, her status and nope, she can't be deported or stopped from doing anything with a 10 yr green card - she is in no way bound or encased in a marriage which is no longer working.

I can't believe you advise the OP to just call the police and "retrieve" the GC from her husband, as if this is nothing big. You have no idea what the implications could be towards the husband, whether merited or not, if the OP's friend decided to follow your suggestion.

We only know the OP's friend's side of the story; in other words, hearsay from a 3rd party.

Edited April 2, 2006 by dmartmar

[mrs.jenjen 0]

It's not his green card to seize - I would suggest your friend call a police officer to accompany her into the house, and retrieve it from him! Nice, quick and simple - and that she then do what she needs to do. It's her card, her status and nope, she can't be deported or stopped from doing anything with a 10 yr green card - she is in no way bound or encased in a marriage which is no longer working.

I can't believe you advise the OP to just call the police and "retrieve" the GC from her husband, as if this is nothing big. You have no idea what the implications could be towards the husband, whether merited or not, if the OP's friend decided to follow your suggestion.

We only know the OP's friend's side of the story; in other words, hearsay from a 3rd party.

You're right - we do only know the OPs version of events. But that doesn't change the fact that it is HER green card, and she has every right to get it back however she chooses. JayJay was right to state that fact - and if the police have to be involved, then so be it.

I don't understand why you see JayJay's suggestion as a big deal. The police are involved in domestic arguements every day of the week, and wouldn't bat an eyelid. As you said, its only a suggestion.. and a reasonable one at that (in my opinion!) Alternatively she could report it as stolen (as it technically is!) and take it from there.

I very much doubt that a woman in this situation would do something suggested by someone off an immigration forum without thinking it through. I don't understand why you see JayJay's suggestion as being unreasonable. At the end of the day, we only ever offer advice. Its still up to the individual concerned on whether she wants to act upon that advice or not.

[dmartmar 1]

You're right - we do only know the OP's friend's version of events. But that doesn't change the fact that it is HER green card, and she has every right to get it back however she chooses. JayJay was right to state that fact - and if the police have to be involved, then so be it.

I don't understand why you see JayJay's suggestion as a big deal. The police are involved in domestic arguements every day of the week, and wouldn't bat an eyelid. As you said, its only a suggestion.. and a reasonable one at that (in my opinion!) Alternatively she could report it as stolen (as it technically is!) and take it from there.

I very much doubt that a woman in this situation would do something suggested by someone off an immigration forum without thinking it through. I don't understand why you see JayJay's suggestion as being unreasonable. At the end of the day, we only ever offer advice. Its still up to the individual concerned on whether she wants to act upon that advice or not.

First of all, she has a GC thanks to her husband.

Second of all, if you were to be the one in this situation; would you put your husband through what Jayjay suggested so you can regain your GC? Would you actually do that to him after 3 years of marriage?

How 'bout you jayjay?

Third of all, to report as stolen something that obviously has nothing to do with a domestic dispute is highly irrational, inconsiderate and misrepresented; wouldn't you agree?

Edited April 5, 2006 by dmartmar

[ChristinaM 0]

Her husband with whom her relationship has broken down to the point where he has taken away something she is legally required to carry with her at all times.

I don't think it's irrational, inconsiderate or misrepresentative to report it as stolen if she is unable to get it back from her husband. She may have acquired it through him, but it belongs to her. A spouse using immigration status as a form of control is something which allows a person rights under the VAWA, so it's taken pretty seriously.

Yes, if after three years of marriage my husband had no qualms about taking my green card, I would have no qualms about "putting [him] through" the ordeal of having the police come and locate it. The implications of having that happen are something he should have thought about before he started trying to play God with her immigration status, in my opinion.

[diadromous mermaid 36]

Her husband with whom her relationship has broken down to the point where he has taken away something she is legally required to carry with her at all times.

I don't think it's irrational, inconsiderate or misrepresentative to report it as stolen if she is unable to get it back from her husband. She may have acquired it through him, but it belongs to her. A spouse using immigration status as a form of control is something which allows a person rights under the VAWA, so it's taken pretty seriously.

Yes, if after three years of marriage my husband had no qualms about taking my green card, I would have no qualms about "putting [him] through" the ordeal of having the police come and locate it. The implications of having that happen are something he should have thought about before he started trying to play God with her immigration status, in my opinion.

*Her* immigration status is not in jeopardy if she reported the card lost/stolen to USCIS and request a replacement. It seems the husband may be thinking that *holding* her card could/would prevent her from returning to the USA at some time in the future after they divorce to reside here. Apparently, he is misinformed.

[ChristinaM 0]

Indeed - therefore he thinks that he has control over her by seizing her green card, which I would call intent to intimidate if nothing else.

[dmartmar 1]

*Her* immigration status is not in jeopardy if she reported the card lost/stolen to USCIS and request a replacement.

So far, this has been the most rational/sound advice given.