Permanent resident wants out of marriage - Tilted Forum Project Discussion Community

spiderman · 01-02-2008, 01:01 PM

I have a friend who is trying to get out of her marriage. I'm not sure if her residency status in conditional or unconditional, but her husband is the sole breadwinner. Her concern is that if she leaves she would lose her rights to custody of the children and support from her husband. He is making life very difficult and watching her every move like a hawk.

Found some useful info here http://www.hooyou.com/divorce/aftercgc.html
but I'm not sure what else to tell her.

Thanks for any advice.

JustJess · 01-02-2008, 03:01 PM

She needs a lawyer, and a good one - not some idiot working out of his kitchen who "also does immigration". Pony up for a good lawyer, it's worth it. There are some circumstances in which she can file and be able to stay on the perm res card without him, but she'll need to investigate it. Does she HAVE the actual green card already, or is it still in process? Does she have her EAD and Advanced Parole yet if not the green card?

Also, there are other visas and pathways if the green card was contingent on her marriage. But don't worry about these pathways yet until she gets more info on leaving the marriage. It is possible, but as is often the case, it depends on her specific circumstances. If he's abusive etc, that matters. Plus, her kids are US citizens, so they generally try not to break that up.

spiderman · 01-04-2008, 06:44 AM

Thanks for the response. Will help her any way I can, but right now I can't contact her at all without making things difficult for her.

Quote:

Originally Posted by JustJess

Plus, her kids are US citizens, so they generally try not to break that up.

Break what up? Her husband (who is a citizen) and the kids? Or her (not yet a citizen) and the kids?

Thanks again!

JustJess · 01-04-2008, 07:54 PM

Break "that" up meaning the mother and the kids. It's just bad press for them, and generally speaking, the whole mom thing carries more weight than the dad thing, and that will work in her favor.

So the point of my rambling post... yeah, it's possible under some specific and prove-able circumstances. But I'd need more info to be able to say, and really, she needs a good lawyer to help her navigate all the possible pitfalls along the way.

Baraka_Guru · 01-04-2008, 08:17 PM

Quote:

Originally Posted by JustJess

She needs a lawyer, and a good one....

spiderman · 01-05-2008, 05:20 AM

Thanks again, guys. A good lawyer. Got it.
*Pulls down the large book of oxymorons.*

j/k I'm sure there are a few.

01-02-2008, 01:01 PM	#1 (permalink)
spiderman Rebourne - God, I love life, so, thanks! Location: Up your nose with a rubber hose	Permanent resident wants out of marriage I have a friend who is trying to get out of her marriage. I'm not sure if her residency status in conditional or unconditional, but her husband is the sole breadwinner. Her concern is that if she leaves she would lose her rights to custody of the children and support from her husband. He is making life very difficult and watching her every move like a hawk. Found some useful info here http://www.hooyou.com/divorce/aftercgc.html but I'm not sure what else to tell her. Thanks for any advice. __________________ Sell crazy someplace else, we're all stocked up here.

01-02-2008, 03:01 PM	#2 (permalink)
JustJess Unencapsulated Location: Kittyville	She needs a lawyer, and a good one - not some idiot working out of his kitchen who "also does immigration". Pony up for a good lawyer, it's worth it. There are some circumstances in which she can file and be able to stay on the perm res card without him, but she'll need to investigate it. Does she HAVE the actual green card already, or is it still in process? Does she have her EAD and Advanced Parole yet if not the green card? Also, there are other visas and pathways if the green card was contingent on her marriage. But don't worry about these pathways yet until she gets more info on leaving the marriage. It is possible, but as is often the case, it depends on her specific circumstances. If he's abusive etc, that matters. Plus, her kids are US citizens, so they generally try not to break that up. __________________ My heart knows me better than I know myself, so I'm gonna let it do all the talkin'.

01-04-2008, 07:54 PM	#4 (permalink)
JustJess Unencapsulated Location: Kittyville	Break "that" up meaning the mother and the kids. It's just bad press for them, and generally speaking, the whole mom thing carries more weight than the dad thing, and that will work in her favor. So the point of my rambling post... yeah, it's possible under some specific and prove-able circumstances. But I'd need more info to be able to say, and really, she needs a good lawyer to help her navigate all the possible pitfalls along the way. __________________ My heart knows me better than I know myself, so I'm gonna let it do all the talkin'.

01-05-2008, 05:20 AM	#6 (permalink)
spiderman Rebourne - God, I love life, so, thanks! Location: Up your nose with a rubber hose	Thanks again, guys. A good lawyer. Got it. Pulls down the large book of oxymorons. j/k I'm sure there are a few. __________________ Sell crazy someplace else, we're all stocked up here.