The Craftsman

Been a while since i was last on here & i wish it was under better circumstances.
My names Dave & im an expat married to a US citizen since Dec 08. We have a 6mth old baby & live in Ohio.
I received my 10yr GC earlier this year, but i have a problem!.
My wife told me this morning that she wants a divorce, is going to fight me for full custody of our child & wants me to leave the US.
I dont want to divorce & am scared as to what may happen in the future. I especially dont want to leave the country and be away from my only child.
I would appreciate any help anyone has regarding this matter, (procedures, likelihood of having to leave etc)
Thanks, Dave

fatbrit

It isn't her choice whether you leave or don't leave the US.

Your immigration status is fine with or without her.

Get a family lawyer for the custody and other divorce issues.

md95065

Just to be slightly more specific:

That means that you are a permanent resident and that even if your wife does get a divorce it will have absolutely no affect on your immigration status.

Your wife may want you to leave the US but she has absolutely no way of making you do that.

If, by any chance, she threatens to tell the authorities that your marriage was not genuine and that she will have you deported just ignore her - those are idle threats - and if she persists you might remind her that if she were to do that she would be admitting that she participated in immigration fraud and that she could be prosecuted for having done so.

Noorah101

As others have said, since you now have your 10-year green card, divorce will not affect your PR status. Your wife has no control over whether you leave the USA or not, that's up to USCIS, and they don't often listen to idle threats made by an angry spouse.

The only difference is that you have to wait 5 years from becoming a PR, instead of 3, before you can apply for US Citizenship. Time as a PR includes the time you had your 2-year card, if you had one.

Rene

scrubbedexpat099

I am sure she could think of some other options other than you leaving the country.

discoviking

Just to add to that (assuming you received conditional residence based on marriage to your USC spouse, of course); If she makes threats along those lines, remind her that when you went through the process of removing conditions on your green card, you essentially presented proof to USCIS that the marriage was bona-fide. When USCIS removed the conditions, they did so after making a decision that the marriage *was* bona-fide, based on the proof you submitted. She can yell fraudulent marriage all she wants now, but nobody is likely to listen.

You should protect yourself by retaining a family law attorney, though.

It sucks. I have been there. Good luck to you.

The Craftsman

Many thanks for the replies, this eases my mind just a little.

Yes i had a 2yr card, so from what you are saying i will still have to wait another 2 years until i can apply for citizenship. How would this affect my chances of success come the time & would i still proceed in the same manor, complete the same forms etc. I understand i will need proof that the marriage was in "Good faith", but how would my ability to provide financial support for my child & spouse affect my case?.

scrubbedexpat099

It would have no effect other than delaying by 2 years when you can apply.

Rete

Your wife had a baby six months ago. Has she been checked for post-partum depression? Have you been experiencing marital problems all along? Has she threatened you with marital fraud and specifically said that she would contact USCIS to report this? Have you been abusive either physically, emotionally or verbally in the past? Or has she?

When you are happy and in love and your partner claims the opposite it is a horrid blow to your emotional self. Take time to step back a wee bit and explore the reasons that she is apparently dissatisfied with the marriage and you. If possible see if she is willing to sit down with an outside party to discuss the issues as calmly as possible. Try not to raise your voice, act threatening or accusing. A marriage breakdown has an underlying cause. Find out what it is and go from there.

You are safe with your PR status. You need to retain a separate attorney, even if this eventually works out, just to verify what your rights are as a father.

As we tell women, the same holds true for men, protect yourself physically and financially. If you fear that she will call police and accuse you of abuse (unfounded), then move before she can do that. Only you know the emotional makeup of your wife.

Get her to her GYN/OB for an examination. For her well being, yours and especially your child.

ian-mstm

If you naturalize based on 5 years as a PR, your marriage never enters into the equation. Further, there is NO financial requirement for naturalization... none at all. Your relationship to your (ex) wife and child is irrelevant for naturalization purposes.

By the way, if your wife threatens to report you to the "authorities", remind her that she signed a binding contract with the US government (read = I-864) and divorce does NOT release her from that obligation... and that it is entirely possible for you to NEVER meet any of the conditions that would release her from that obligation. She might be on the hook for the rest of her life... or she could just not make it an issue and you'll naturalize as soon as you're eligible.

Ian

sir_eccles

As a precaution I would take copies of all your immigration papers filed and received to date and keep them in a safe place (bank deposit box). While your status as a PR is not in question and cannot be harmed by her actions, it is still a lot of useful evidence that everything was originally entered into in a bona fide manner should you need to prove such (unlikely at this stage). Plus it just removes the temptation for her to act out on it.

We just started a wiki resource regarding domestic violence if you need professional support http://britishexpats.com/wiki/Domestic_violence

mamasue

As the others have so rightly said, you're a legal permanent resident now....your wife's wanting you to leave the US is of no consequence.
You won't have to worry about citizenship either.
So... you can forget all the other stuff, and concentrate on getting custody/access of your little one.
Hope it all goes well for you!!

ITsWhatIDo

What ever you do, don't leave the house, even if she tries to kick you out, call the police and get them to get you back in. She can't force you out of a marital home. Get a lawyer (i assume you're working, if not look into leglad aid). THere is a website called dadsdivorce.com and in there is something called "The List" find that and follow those instructions.