QUESTION
Can I file for divorce during the process of removing conditions from my green card?
Asked on May 09th, 2015 on Divorce - Georgia
More details to this question:
I immigrated to US via visa K1. My husband and I got married in US and it has been almost 2 years. My husband forces me to go to swinger clubs and parties. He registered us on swinger website. I was forced to participate sexual orgies. But I don’t have evidences that he forces me do that. I am so sick of that! In 4 months, I have to apply for removing conditions from my green card. Can it affect to receive my permanent green card or can my husband harm that process? Can I ask for alimonies and some property? During the marriage, I have not worked and during our marriage he bought two cars. Can I claim for one car? I am at college now I took a student lawn to pay for it. Will my husband be liable for half of my student loan?
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You should talk to an immigration attorney. I suggest you wait to file the divorce until after you have the green card. You can ask for maintenance and a percentage of the community property in every divorce. Your student loan will be your separate debt since you will have all of the benefit of the education. Any other debts that are clearly community debts will be allocated between the two of you. I suggest you get a lawyer.
Answered on May 13th, 2015 at 3:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You will need a divorce as will an immigration attorney, immigration attorney first. Sorry you have been taken advantage of.
Answered on May 13th, 2015 at 12:38 PM
A foreign national spouse can succeed in an Application to Remove Conditions notwithstanding her divorce from her U.S. citizen husband. The process includes filing a Form I-751 petition with a request to waive the usual requirement that both spouses file together, and to succeed one must produce a particularly strong set of documentary evidence that the couple lived together in a bona fide marriage notwithstanding that it ended in divorce. It would be wise to engage an immigration attorney without delay, since that attorney, after learning all of the relevant information, would be able to advise you about the types of documentary evidence to obtain now, before getting such documents becomes more difficult. It also would be wise to consult with a local domestic relations/divorce attorney who could advise you about your and your husband's rights and obligations in the event of a divorce, including advice about receiving an equitable division of marital property and receiving temporary alimony. That attorney could represent you in the divorce process in order to achieve the best possible outcome. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on May 13th, 2015 at 9:22 AM