advice needed on divorce matter

[Jaylen Brit 0]

He's taken her GC - her property - which was given to her by the Govt not the 'grace of her husband' - taking something which does not belong to you with the sole intention of depriving you of it for all time is STEALING.

That's against the law.

I doubt the police would DO much but I think reporting it, so there is a record, isn't a bad thing to do. There's nothing vengeful about reporting STEALING - if your ex took your car (or your passport) and refused to return it I bet you'd be calling 911 without delay.

Perhaps if she informs her ex that she will go that route if he continues to withold her GC might persuade him to do the decent thing and return it. Then no-one gets in trouble.

My 02 cents.

Edited April 20, 2006 by Jaylen Brit

[john_and_marlene 162]

If he is given the option of returning the GC or being reported then the only person that can get him in trouble is himself. She wouldn't be causing him problems ... he would cause his own problems by not returning it.

[desert_fox 32]

If someone ""stole" my identification, wouldnt give it back, and I knew for sure who has it, I would call the police, immigration or see a divorce lawyer.

[Welshcookie 17]

Had it not been for the love, kind heart and grace the husband had for his wife when he filed for her AOS, taking on the full responsibility an I-864 confers and being the sole provider for both his wife and their household before her EAD was granted, all throughout the AOS process and up to this day, she wouldn't even have a GC to begin with. For this reason only she should be grateful, not hateful, nor vengeful.

Y'know....I hate this #######.....a mutual decision was made between two people to fall in love and get married...why on earth does that mean that one half of the relationship must be grateful for the GreenCard....was a gun held to head to 'provide' all that?? if he wasnt up for it he would have married a local gal.......

I will not be 'grateful' to my future husband for my GC...I will be 'grateful' for it because it is the way we will get to be together.....

No...he has no right to keep her GC....he seems to be the one behaving like a child....

[giddy34 0]

Well

You know personally I call it abuse hes being abusive to her plain and simple ...

I know im not grateful to my husband im glad I can be here ... GC means im able to contribute to the houshold thats it ...

I have to wonder also if a man or woman (I wont stereotype here)is willing to take a green card to stop, harrass,or intimidate what else will they do in the realationship besides that huh ...?????

I wonder what the statistics are on spousal abuse ????

[diadromous mermaid 36]

Sometimes it's not a question of "right" as it is a question of what would be sensible under these circumstances. Had the OP reported the GC as stolen at the time it was first confiscated, and brought in the police at that time, then she might have been able to pursue the matter in a criminal context. Right now, with many weeks, if not more time, having elapsed, it likely has become a civil dispute.

I've long since learnt that the legal system in the civil context, while founded on the concept of protecting one's rights, administers procedures that are more akin to encouraging amicable resolution and compromise. There's no doubt the husband has no right to her green card and it might be inconvenient to have to pay to replace it, but one has to weigh the pros and cons of the choice to pursue a right versus the benefits of settling the matter in another way. I personally would opt for the method to gain the green card without further antagonism of a man who has already exhibited irrational behaviour and choices. Besides, if what I read is likely to occur, she may find that choosing an antagonistic way to resolve this dilemma may make terminating the marriage much more unpleasant than it has to be.

[Reba 2]

So basically, the GC to you is more important than the husband's well-being.

it would seem to me that the husband has no concern for his wife's well being if he's stolen her green card. She is required by law to carry it on her person at all times, if for any reason she is stopped by police and questioned about her status, she could be detained. She may get stopped because of a burned out tail-light, or just a random check with a bored State Trooper. If she cannot produce the card if/when asked, she could very well be in some uncomfortably deep doo-doo.

quoted here from the USCIS website regarding permanent resident card/certificate:

"Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him....Any alien who fails to comply with [these] provisions shall be guilty of a misdemeanor" and may be subject to fine and/or inprisonment upon each conviction.

Just because its not her fault that she no longer has the card, she still may be detained until they can round up the husband and the card. And then He may be in some uncomfortably deep doo-doo. And rightly so.

[Ban Hammer 13,554]

Had it not been for the love, kind heart and grace the husband had for his wife when he filed for her AOS, taking on the full responsibility an I-864 confers and being the sole provider for both his wife and their household before her EAD was granted, all throughout the AOS process and up to this day, she wouldn't even have a GC to begin with. For this reason only she should be grateful, not hateful, nor vengeful.

Y'know....I hate this #######.....a mutual decision was made between two people to fall in love and get married...why on earth does that mean that one half of the relationship must be grateful for the GreenCard....was a gun held to head to 'provide' all that?? if he wasnt up for it he would have married a local gal.......

I will not be 'grateful' to my future husband for my GC...I will be 'grateful' for it because it is the way we will get to be together.....

No...he has no right to keep her GC....he seems to be the one behaving like a child....

i'm siding with him taking the green card as being way out of line. he is exhibiting controlling behavior. as for him being the reason she has a green card, that's considered and rejected. such does not grant him the right to treat her like property nor give him the right to impede her movement within the country as she needs that green card at all times.

[aussiewench 9]

Had it not been for the love, kind heart and grace the husband had for his wife when he filed for her AOS, taking on the full responsibility an I-864 confers and being the sole provider for both his wife and their household before her EAD was granted, all throughout the AOS process and up to this day, she wouldn't even have a GC to begin with. For this reason only she should be grateful, not hateful, nor vengeful.

Y'know....I hate this #######.....a mutual decision was made between two people to fall in love and get married...why on earth does that mean that one half of the relationship must be grateful for the GreenCard....was a gun held to head to 'provide' all that?? if he wasnt up for it he would have married a local gal.......

I will not be 'grateful' to my future husband for my GC...I will be 'grateful' for it because it is the way we will get to be together.....

No...he has no right to keep her GC....he seems to be the one behaving like a child....

Im with you welshie. I read the post and thought #######...a big steaming pile of condescending, chauvinistic #######...it made my hair stand on end.

[Yodrak 7]

JayJay,

That's a rather extreme first step to take. It may or may not be called for depending on other factors involved.

Sounds like it's time for all4love's friend to have a consultations with a divorce lawyer, and perhaps an immigration lawyer as well, to discuss all aspects of her situation and determing the most appropriate and effective course of action.

Yodrak

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)

Satisfaction,

Not true. Time out of the country is one item that can result in the loss of PR status, but for that alone to cause loss of status it's 1 year without a re-entry permit and 2 years with. But other factors can play a role as well.

Yodrak

...

To remain a PR, I believe that one must reside in the US at least 6 months within the year. There are certain exceptions to this rule, but I am unsure whether they apply to you or not. You should inquire with an immigration specialist or USCIS.

Edited April 26, 2006 by Yodrak

[Jenn! 918]

I think there's somthing fishy with the whole situation. If mymarriage had fallen apart and I was considering divorce and return to my home country, I think the last thing on my mind would be when I could visit the U.S. again. I wouldn't be so quick to jump on the husband here - somthing's definitely rotten.