Husband is filing for divorse need some advise
Sep 17th 2004, 10:44 am
#1
Guest
Posts: n/a
Husband is filing for divorse need some advise
Husband is filing for divorce as he said we have un reconcilable
differences. We are 21 days short of being married 2yrs and still no
interview. This marriage was not for connivance it was meant to be long
term. I still love him and don't understand why he is doing this.
His lawyer wont allow us to speak at the moment. He has moved out and taken
all his belongings. Does this mean he automatically ends his right to be
sponser. Does he have to inform immigration that we have divorced. I need
time to find a sponser to stay here
and don't want to be deported. I stilll love him and things may change and
we may get together again once we sorted out things. But for now he wants
the divorce.
Suggestions would be greaat. I don't want to go home to UK I love America.
Cathy
differences. We are 21 days short of being married 2yrs and still no
interview. This marriage was not for connivance it was meant to be long
term. I still love him and don't understand why he is doing this.
His lawyer wont allow us to speak at the moment. He has moved out and taken
all his belongings. Does this mean he automatically ends his right to be
sponser. Does he have to inform immigration that we have divorced. I need
time to find a sponser to stay here
and don't want to be deported. I stilll love him and things may change and
we may get together again once we sorted out things. But for now he wants
the divorce.
Suggestions would be greaat. I don't want to go home to UK I love America.
Cathy
Sep 17th 2004, 3:03 pm
#2
Forum Regular
Joined: Aug 2004
Location: Uk - Kansas
Posts: 225
Re: Husband is filing for divorse need some advise
Originally Posted by Cathy
Husband is filing for divorce as he said we have un reconcilable
differences. We are 21 days short of being married 2yrs and still no
interview. This marriage was not for connivance it was meant to be long
term. I still love him and don't understand why he is doing this.
His lawyer wont allow us to speak at the moment. He has moved out and taken
all his belongings. Does this mean he automatically ends his right to be
sponser. Does he have to inform immigration that we have divorced. I need
time to find a sponser to stay here
and don't want to be deported. I stilll love him and things may change and
we may get together again once we sorted out things. But for now he wants
the divorce.
Suggestions would be greaat. I don't want to go home to UK I love America.
Cathy
differences. We are 21 days short of being married 2yrs and still no
interview. This marriage was not for connivance it was meant to be long
term. I still love him and don't understand why he is doing this.
His lawyer wont allow us to speak at the moment. He has moved out and taken
all his belongings. Does this mean he automatically ends his right to be
sponser. Does he have to inform immigration that we have divorced. I need
time to find a sponser to stay here
and don't want to be deported. I stilll love him and things may change and
we may get together again once we sorted out things. But for now he wants
the divorce.
Suggestions would be greaat. I don't want to go home to UK I love America.
Cathy
This forum is a lot of help to everyone looking for information on immigration issues...you don't say if you are a conditional resident at the moment, but assuming you are, and you are only 3 weeks away from being married for 2 years, you should have already applied to remove your conditional status over 2 months ago...so I think you should be good...if you aren't already a 'green card' holder then I am not sure, but there are plenty of other people on this forum who will know..if it makes you feel better call an immigration lawyer some will talk to you on the phone and give certain general advice, they may be able to set your mind at rest, or at least point you in the right direction of what to do next!
Good luck...and I am with you there, I would rather live here in America than in the UK...I LOVE IT HERE
Sep 17th 2004, 3:27 pm
#3
Don't Know, Don't Care
Joined: Jun 2004
Location: California
Posts: 1,385
Re: Husband is filing for divorse need some advise
Originally Posted by hopelessinks
I am no expert, but as far as I know once your husband has sponsered you that is it, only death of one of you, or naturalization of the LPR or the LPR working for 10 years and fulfilling '40 qualifiying quarters' will nullify his responsibility, so I don't think you will have to find another sponser...
This forum is a lot of help to everyone looking for information on immigration issues...you don't say if you are a conditional resident at the moment, but assuming you are, and you are only 3 weeks away from being married for 2 years, you should have already applied to remove your conditional status over 2 months ago...so I think you should be good...if you aren't already a 'green card' holder then I am not sure, but there are plenty of other people on this forum who will know..if it makes you feel better call an immigration lawyer some will talk to you on the phone and give certain general advice, they may be able to set your mind at rest, or at least point you in the right direction of what to do next!
Good luck...and I am with you there, I would rather live here in America than in the UK...I LOVE IT HERE
This forum is a lot of help to everyone looking for information on immigration issues...you don't say if you are a conditional resident at the moment, but assuming you are, and you are only 3 weeks away from being married for 2 years, you should have already applied to remove your conditional status over 2 months ago...so I think you should be good...if you aren't already a 'green card' holder then I am not sure, but there are plenty of other people on this forum who will know..if it makes you feel better call an immigration lawyer some will talk to you on the phone and give certain general advice, they may be able to set your mind at rest, or at least point you in the right direction of what to do next!
Good luck...and I am with you there, I would rather live here in America than in the UK...I LOVE IT HERE
My assumption from the OP was that she has not had the AOS interview and so is not yet a permanent resident. If she has not had the interview "I think" her husband can withdraw his petition and she will have to leave the country, I don't think there is any other way for her to adjust status without the original petitioner.
How did you enter? K-1 ? Visa Waiver? This also can make a difference.
Patrick
Sep 17th 2004, 3:38 pm
#4
Concierge
Joined: Apr 2001
Posts: 46,392
Re: Husband is filing for divorse need some advise
Originally Posted by inquisitive40
My assumption from the OP was that she has not had the AOS interview and so is not yet a permanent resident. If she has not had the interview "I think" her husband can withdraw his petition and she will have to leave the country, I don't think there is any other way for her to adjust status without the original petitioner.
How did you enter? K-1 ? Visa Waiver? This also can make a difference.
Patrick
How did you enter? K-1 ? Visa Waiver? This also can make a difference.
Patrick
I don't think the OP is looking for a financial sponsor but a visa sponsor. She originally was here on an H-1B work visa which I believe she said is still valid until 2005 if she is still with the same employer. If so then she does not have to leave the US but can continue to reside here and work on that visa.
Yes her husband is free to withdraw his petition (I-130 ) for her immediate relative visa. Can she claim adjustment based on the fact she was married for two years? Remember the divorce is not final nor even filed at this point. Quite possibly.
No sense in just asking in a public forum for advice on something so serious. Contact a good immigration attorney and let them give you the correct way to proceed to allow you to remain in the US and adjust status to resident.
At least you have the option of finding another work sponsor since you obviously have the qualifications and career which lends itself to that employment.
Good luck
Sep 17th 2004, 3:42 pm
#5
Don't Know, Don't Care
Joined: Jun 2004
Location: California
Posts: 1,385
Re: Husband is filing for divorse need some advise
Originally Posted by Rete
I don't think the OP is looking for a financial sponsor but a visa sponsor. She originally was here on an H-1B work visa which I believe she said is still valid until 2005 if she is still with the same employer. If so then she does not have to leave the US but can continue to reside here and work on that visa.
Yes her husband is free to withdraw his petition (I-130 ) for her immediate relative visa. Can she claim adjustment based on the fact she was married for two years? Remember the divorce is not final nor even filed at this point. Quite possibly.
No sense in just asking in a public forum for advice on something so serious. Contact a good immigration attorney and let them give you the correct way to proceed to allow you to remain in the US and adjust status to resident.
At least you have the option of finding another work sponsor since you obviously have the qualifications and career which lends itself to that employment.
Good luck
Yes her husband is free to withdraw his petition (I-130 ) for her immediate relative visa. Can she claim adjustment based on the fact she was married for two years? Remember the divorce is not final nor even filed at this point. Quite possibly.
No sense in just asking in a public forum for advice on something so serious. Contact a good immigration attorney and let them give you the correct way to proceed to allow you to remain in the US and adjust status to resident.
At least you have the option of finding another work sponsor since you obviously have the qualifications and career which lends itself to that employment.
Good luck
Thanks for sorting that out, I was not aware of the OP's background and so was COMPLETELY off the mark
Patrick
