QUESTION
Can I divorce my US citizen husband if I am a green card holder?
Asked on Feb 26th, 2012 on Immigration - California
More details to this question:
I'm a green card holder. I got it last November 2009. I want to divorce my husband. He's a U.S citizen, but we got married in the Philippines. We're both Pilipino, but he got naturalized citizen. We have 2 kids. Our eldest is still in the Philippines. We did his paperworks, but my husband spends the money for their DNA test. Our fights started when we went home in Philippines last september of 2011 it all started when I found out that he's using drugs,gambling and having an affair. Can I apply for divorce here in U.S even if I'm a green card holder? It could affect my status as a green card holder? Can I apply for our son in the Philippines?
8 ANSWERS
You can get divorced in the US if you reside in the US and regardless of your immigration status. You can petition for your son on your own or your husband can petition for him. That would not really be dependent on whether you are married or not since he is still his father regardless.
Answered on Mar 05th, 2012 at 2:57 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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If you are already a PERMANENT resident, then you should have nothing to worry about. If your husband petition for you after two years of having been married to you, you should have received your permanent residency status from the first time. IF not, then you should have applied for a removal of the condition at the two years mark after you became a resident. If this was done (only if you had to) and you are a permanent resident, you can divorce your husband with no consequences to your immigration status. You can apply for your son in the Phillipines but the waiting time is going to be longer as you are a resident and not a citizen. It will also depend on the age of your son.
Answered on Mar 01st, 2012 at 1:50 PM
Leon Wildes
You can divorce him an still bring your child as well rather than tolerate his tricks.
Answered on Feb 29th, 2012 at 8:09 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can divorce. It can affect you if you have conditional residency and delay the naturalization process. You can petition single children.
Answered on Feb 29th, 2012 at 2:37 PM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You may divorce but you need to file the proper paperwork with immigration and ensure that there are no other issues. I recommend that you consult with an immigration attorney to properly advise and possibly walk you through the necessary steps.
Answered on Feb 29th, 2012 at 10:15 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, you can prove up that you have a bona fide marriage, you can keep your permanent residence.
Answered on Feb 29th, 2012 at 9:44 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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I assume you have your ten year card. No problem to divorce him even if you have the conditional green card. As long as you can show your marriage is real, he cannot touch you.
Answered on Feb 29th, 2012 at 9:43 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You are allowed to file for divorce, regardless of your immigration status. If you have not yet filed for your permanent green card, you are also allowed to file for that without your husband. However it is very time sensitive in terms of filing and that your divorce needs to be finalized by a certain point. Please immediately set up a consult with a competent immigration attorney in your jurisdiction to discuss.
Answered on Feb 29th, 2012 at 9:43 AM