Need Inputs!!Thanks.........

[scorpionking 2]

I am in a horrible situation. I married only 9 month ago, gave up everything in switzerland for my husband. Everything was fine, until we where married and had daily routine. He chanced completly, and since 5 weeks doesnt talk to me anymore at all. he transfered all the payrolls to his own account. I work only temporary and have to use this money now for food and gas and my child. He is out most of the off days with his ex wife again. He treats me like a peace of dirt now. I loved this guy with all my heart. My lawyer told me to ask for divorce so he must pay me alimony. I am still in his house. I cant go back to switzerland, I have nothing there anymore. I want to stay here. My permanent card expires in february 2009. First I dont even know if its a conditional resident card or not. All what is written is permanent resident card, expires after 2 years. Is this a conditional resident card? Can i remove conditions if i will be divorced by then? Will i be able to stay in usa or will they send me back? Even if my husband was the one who cheated and treated me like this? Please, please, advice, I am so worried and dont know what to do... Thanks so much

You need to consult with a family lawyer to verify the divorce laws in your district. I see from your profile that you are in North Carolina. You should also note that NC law is specific on the one year separation requirement prior to divorce...so if you plan to do so, you'll need to move quickly to get the clock ticking on that one year. You might wish to ask the lawyer if you could claim divorce from "bed and board" if you are in North Carolina. This is available to spouses who can demonstrate fault on the part of the other spouse. If granted, he would have to move out. And alimony should be sought in the initial petition. There's no adding it later.

Hello DIADROMOUS MERMAID,maybe you still remember me....I am from NC as well and now separated from my wife 2 months ago....clock is ticking but my Conditional GC expires in april,08 but can't get divorced before that...so please let me know in brief what do you mean by "bed and board"?is there any way to get divorced before 1 year or what?and another question-is there any way I can remove conditions before getting divorced while separated?because I have to have an interview before i get divorced i assume as my GC(conditional expires in April)....thank you in advance and I would like to know your opinion about that and hope as always you will help me out.Thanks and God bless you.

scorpionking,

These are questions related to family law and as such the terms vary from state to state, however, if you ahve already separated then the divorce from "bed and board" would not apply in your case. My understanding is that in NC the one year separation period is mandatory. You could query that with a family law specialist if you wish. Seeing as your conditional PR expires in April '08, and there is a one year mandatory separation requirement in NC, I don't see any way that you could file the waiver until you have a divorce decree in hand, however, if your wife is amenable she could jointly file the I-751 with you, as long as you are not divorced already.

Thank you Diadromous Mermaid for your quick input as always.Now my wife is not cooperating at all,she wants me to throw back in my country as soon as possible...and I suspect she has a lawyer who is immigration and divorce lawyer together......now my question is(if you know)-is it legal to stop somebody getting immigration benefit with lawyer?and another question is-until I get divorced and have decree in my hand do they(INS)extend my greencard until I get divorced?or what usual they ask on interview if divorce is pending?cuz my lawyer said that she can come even with me in the interview and represent me....are they allowed to do so?I am really confused about that...any help by you would be greatly appreciated.Thanks in advance and have a good day.