DCF and divorce
#1
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My sister married a USC and they did DCF. They had not had a lot of time to spend
together in person before they married. And now less than a year has passed since
marriage and entering the US with the visa they are not doing well and she wants out
of the marriage. She brought her kids there too (from previous marriage) So she
entered on this spousal visa but has not yet had the conditions removed becasue they
have been togerther for so short time. Also, will she be on her own then with paying
all the bills: childcare and living etc.. Will the husband need to help her
financially at all after the divorce? And can she stay in the US?
Anna
together in person before they married. And now less than a year has passed since
marriage and entering the US with the visa they are not doing well and she wants out
of the marriage. She brought her kids there too (from previous marriage) So she
entered on this spousal visa but has not yet had the conditions removed becasue they
have been togerther for so short time. Also, will she be on her own then with paying
all the bills: childcare and living etc.. Will the husband need to help her
financially at all after the divorce? And can she stay in the US?
Anna
#2
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DCF is not an issue. The issue is basically divorce or separation before conditional
status have been removed. This has been discussed here quite a bit. You should look
at the archives. Try http://groups.google.com, search on "divorce I-751" or "divorce
and removal of conditions".
Without abuse, she needs to get divorced. Then, she can file I-751 right away to
remove conditions. If there is enough proof of a valid marriage, then she could get
regulare Permanent Resident status. Depending on circumstances, she might get
spousal support. However, she wouldn't get child support unless he had adopted the
children. Her husband WOULD be responsible for repaying for goverment financial aid
extended if they can get it, due to the terms of the I-864. Additionally, someone
here once reported that a lawyer once used the I-864 as evidence the USC should
provide support.
You stated it has been less than a year since marriage. How long has she been
in the US?
Veilleux wrote:
>
> My sister married a USC and they did DCF. They had not had a lot of time to spend
> together in person before they married. And now less than a year has passed since
> marriage and entering the US with the visa they are not doing well and she wants
> out of the marriage. She brought her kids there too (from previous marriage) So she
> entered on this spousal visa but has not yet had the conditions removed becasue
> they have been togerther for so short time. Also, will she be on her own then with
> paying all the bills: childcare and living etc.. Will the husband need to help her
> financially at all after the divorce? And can she stay in the US?
>
> Anna
status have been removed. This has been discussed here quite a bit. You should look
at the archives. Try http://groups.google.com, search on "divorce I-751" or "divorce
and removal of conditions".
Without abuse, she needs to get divorced. Then, she can file I-751 right away to
remove conditions. If there is enough proof of a valid marriage, then she could get
regulare Permanent Resident status. Depending on circumstances, she might get
spousal support. However, she wouldn't get child support unless he had adopted the
children. Her husband WOULD be responsible for repaying for goverment financial aid
extended if they can get it, due to the terms of the I-864. Additionally, someone
here once reported that a lawyer once used the I-864 as evidence the USC should
provide support.
You stated it has been less than a year since marriage. How long has she been
in the US?
Veilleux wrote:
>
> My sister married a USC and they did DCF. They had not had a lot of time to spend
> together in person before they married. And now less than a year has passed since
> marriage and entering the US with the visa they are not doing well and she wants
> out of the marriage. She brought her kids there too (from previous marriage) So she
> entered on this spousal visa but has not yet had the conditions removed becasue
> they have been togerther for so short time. Also, will she be on her own then with
> paying all the bills: childcare and living etc.. Will the husband need to help her
> financially at all after the divorce? And can she stay in the US?
>
> Anna
#3
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Posts: n/a
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Thank you for the tip. I went to read the archives and it seems that the general
opinion is that chances arent very good. But on the other hand I read at doc steens
page the opposite. So the information is quite confusing. She has lived in the US for
8 months now and they have been married for 10 months. It seems like its getting
harder to stay in the marriage so Im not sure she can wait until conditions are
removed. But there is plenty of evidence that the marriage was valid. They have taken
lots of pictures from family vacations before and after wedding and she has love
letters from before they got married and flight tickets etc. And her name is on the
bills too and joint credit cards. Shouldnt all that be enough evidence that the
marriage was entered into in good faith? There is no abuse but it is mentally very
tough for her because she is not happy with him. He (USC) is a nice man but they just
dont get along.
"mrtravel" <[email protected]> wrote in message
news:[email protected]...
> DCF is not an issue. The issue is basically divorce or separation before
> conditional status have been removed. This has been discussed here quite a bit. You
> should look at the archives. Try http://groups.google.com, search on "divorce
> I-751" or "divorce and removal of conditions".
>
> Without abuse, she needs to get divorced. Then, she can file I-751 right away to
> remove conditions. If there is enough proof of a valid marriage, then she could get
> regulare Permanent Resident status. Depending on circumstances, she might get
> spousal support. However, she wouldn't get child support unless he had adopted the
> children. Her husband WOULD be responsible for repaying for goverment financial aid
> extended if they can get it, due to the terms of the I-864. Additionally, someone
> here once reported that a lawyer once used the I-864 as evidence the USC should
> provide support.
>
> You stated it has been less than a year since marriage. How long has she been
> in the US?
>
>
> Veilleux wrote:
> >
> > My sister married a USC and they did DCF. They had not had a lot of time to spend
> > together in person before they married. And now less than a year has passed since
> > marriage
and
> > entering the US with the visa they are not doing well and she wants out
of
> > the marriage. She brought her kids there too (from previous marriage) So she
> > entered on this spousal visa but has not yet had the conditions removed becasue
> > they have been togerther for so short time. Also, will
she
> > be on her own then with paying all the bills: childcare and living etc.. Will the
> > husband need to help her financially at all after the divorce?
And
> > can she stay in the US?
> >
> > Anna
opinion is that chances arent very good. But on the other hand I read at doc steens
page the opposite. So the information is quite confusing. She has lived in the US for
8 months now and they have been married for 10 months. It seems like its getting
harder to stay in the marriage so Im not sure she can wait until conditions are
removed. But there is plenty of evidence that the marriage was valid. They have taken
lots of pictures from family vacations before and after wedding and she has love
letters from before they got married and flight tickets etc. And her name is on the
bills too and joint credit cards. Shouldnt all that be enough evidence that the
marriage was entered into in good faith? There is no abuse but it is mentally very
tough for her because she is not happy with him. He (USC) is a nice man but they just
dont get along.
"mrtravel" <[email protected]> wrote in message
news:[email protected]...
> DCF is not an issue. The issue is basically divorce or separation before
> conditional status have been removed. This has been discussed here quite a bit. You
> should look at the archives. Try http://groups.google.com, search on "divorce
> I-751" or "divorce and removal of conditions".
>
> Without abuse, she needs to get divorced. Then, she can file I-751 right away to
> remove conditions. If there is enough proof of a valid marriage, then she could get
> regulare Permanent Resident status. Depending on circumstances, she might get
> spousal support. However, she wouldn't get child support unless he had adopted the
> children. Her husband WOULD be responsible for repaying for goverment financial aid
> extended if they can get it, due to the terms of the I-864. Additionally, someone
> here once reported that a lawyer once used the I-864 as evidence the USC should
> provide support.
>
> You stated it has been less than a year since marriage. How long has she been
> in the US?
>
>
> Veilleux wrote:
> >
> > My sister married a USC and they did DCF. They had not had a lot of time to spend
> > together in person before they married. And now less than a year has passed since
> > marriage
and
> > entering the US with the visa they are not doing well and she wants out
of
> > the marriage. She brought her kids there too (from previous marriage) So she
> > entered on this spousal visa but has not yet had the conditions removed becasue
> > they have been togerther for so short time. Also, will
she
> > be on her own then with paying all the bills: childcare and living etc.. Will the
> > husband need to help her financially at all after the divorce?
And
> > can she stay in the US?
> >
> > Anna