QUESTION

Should I wait to file divorce until we get our green cards or what are the options available if the situation gets worse before that?

Asked on Aug 11th, 2014 on Divorce - Washington
More details to this question:
My husband is on L1A visa. My daughter (5 years old) and I are on L2 visa. My husband's company is filing our green card in 2-3 months. If I file it now, I cannot stay here in the US when the divorce gets finalized. I also want to know if I file divorce how much is my husband legally bound to stay here on current visa or if he gets green card? Is it possible for my husband back to India and avoid the legal process here? Please help me with the legal process for filing divorce in both options.
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2 ANSWERS

Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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A divorce now would make you ineligible to adjust your status to permanent residence through him.
Answered on Aug 13th, 2014 at 6:51 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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If you file now, it is likely that you will have to leave the country unless there are domestic violence issues. Where do you want to live? Your husband is always free to go back to India and leave the company. If he does so, it will be difficult to enforce child support payments. He can do that at any time, now or after the divorce. You really need to think about where you ultimately want to live and how you are going to support yourself.
Answered on Aug 12th, 2014 at 4:55 PM

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