Mr. Jimi

If somone could give me some general answers about this situation my
friend would appreciate it.

Let's say someone gets a green card, it's almost Permanent but she
hasn't received her final documents saying so yet. (Has the green
card, applied for that Removal of Conditions thing, but has not
received that yet.)

So let's then say she gets a divorce before getting the removal of
conditions. Would she be allowed to stay here after the divorce if she
wanted? OR to go to her homeland and then return here a year or two
later?

Also, let's say she decides to return to her homeland and is not
allowed to return under her green card. Would she be likely to get
another marriage-based visa in the future, or would her getting one
and then divorcing/returning to her homeland cause them to reject her
next petition (assuming there might be one some time in the future).

The thing is, if she divorces, she cannot afford to live here, without
the support of her husband, so would likely have to return to her
homeland.

One more thing: Would her husband be entitled to any property she owns
in her homeland, if the husband would decide to go after it to be
vengeful? (I'm not sure if she has any or not, but if she does...?)

Thanks for the feedback.

Madelon Mottet

The rules about community property would depend on the state where the
divorce is taking place. The actual division of assets is determined by a
judge as part of the divorce decree. These days, it is common in most states
that assets that existed before a marriage do not automatically become
community property. So it is probable that the husband will have no claim on
the property in her homeland unless it was bought while they were married.
The fact that her husband has signed an agreement to support her will be one
of the factors that can be considered by the court.

Because she has a vengeful husband, to protect herself she needs to see a
lawyer who specializes both in immigration matters and also in divorce (at
least for a consultation).

Madelon


"Mr. Jimi" <[email protected]> wrote in message
news:[email protected]...
    > If somone could give me some general answers about this situation my
    > friend would appreciate it.
    > Let's say someone gets a green card, it's almost Permanent but she
    > hasn't received her final documents saying so yet. (Has the green
    > card, applied for that Removal of Conditions thing, but has not
    > received that yet.)
    > So let's then say she gets a divorce before getting the removal of
    > conditions. Would she be allowed to stay here after the divorce if she
    > wanted? OR to go to her homeland and then return here a year or two
    > later?
    > Also, let's say she decides to return to her homeland and is not
    > allowed to return under her green card. Would she be likely to get
    > another marriage-based visa in the future, or would her getting one
    > and then divorcing/returning to her homeland cause them to reject her
    > next petition (assuming there might be one some time in the future).
    > The thing is, if she divorces, she cannot afford to live here, without
    > the support of her husband, so would likely have to return to her
    > homeland.
    > One more thing: Would her husband be entitled to any property she owns
    > in her homeland, if the husband would decide to go after it to be
    > vengeful? (I'm not sure if she has any or not, but if she does...?)
    > Thanks for the feedback.