QUESTION

Would it be possible for me to move out, get a divorce and not be sent away?

Asked on Jun 20th, 2017 on Immigration - Georgia
More details to this question:
I am a resident in this country. My husband is one as well where I've been living here for 4 years. He's been here for over 20. He's always telling me to move out and I usually ignore him. I am only human and my heartbreaks, so i agree on the moving out. Then he starts threatening me with deportation. I've only had my green card for about 2 years but I can't live like this anymore. I love my job, I own a car, and I even help with the bills.
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2 ANSWERS

Sexual Harassment Attorney serving Brooklyn, NY
3 Awards
Sure you can. If your husband is a citizen, you can apply for waiver of joint filing requirement if you need to submit I 751. If you have a 10 year green card, move out and file for divorce/order of protection if necessary. There are always options. You are not stuck with him.
Answered on Sep 08th, 2017 at 8:37 PM

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Immigration Law Attorney serving Atlanta, GA
3 Awards
Sorry to hear about your heartbreak and the problems with your marriage. A Permanent Resident is not at risk of removal/deportation just because she separates (or becomes divorced) from her husband, and this is true regardless of whether permanent residency was achieved through a success marriage-based adjustment of status application. It would be wise, however, to save documents showing that you and your husband have been living together as a married couple: this might include, for example, evidence that you have paid household bills, evidence that your car is registered at your family address and that your car insurance shows your address there, copies of employment records showing your marital status and your home address, copies of joint bank account bills, credit card bills, utility bills, tax records, etc. If you seek marriage counseling to try to resuscitate your marriage, that may be helpful for you and documentary evidence of seeking marriage counseling also could be helpful to show that you and your husband lived together in a bona fide marriage notwithstanding that it ultimately ended in separation or divorce. These types of documents may be useful if you later decide to apply to become a naturalized citizen (they also could be important if you were granted only "conditional resident" status, requiring you to file a Petition to Remove Conditions during the 90-day period prior to the end of the two year period following approval of Conditional Resident status). Issues relating to a Petition to Remove Conditions and relating to naturalization can be more complex than they appear. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Sep 07th, 2017 at 9:43 AM

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