here on E-1 want to divorce my spouse and apply for gc but have her stay in the us
Jun 7th 2007, 1:15 am
#1
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Joined: Jun 2007
Posts: 2
here on E-1 want to divorce my spouse and apply for gc but have her stay in the us
Hi-
Im here on an E1 visa with my spouse and kids. My company will apply for a green card in short order. I have filed for divorce from my spouse but will buy her a house and want to make sure she stays here with my kids and does not go back to the uk.
What are the ramifications for her if the divorce becomes final A. on an E1 visa or B. if the divorce becomes final after the gc has been apllied for?
She does not want to divorce and has threatened to take the kids back to the uk. I am trying to be as amicable as possible but do not want to be stuck in this marriage to keep her here with my kids.
Help.
Im here on an E1 visa with my spouse and kids. My company will apply for a green card in short order. I have filed for divorce from my spouse but will buy her a house and want to make sure she stays here with my kids and does not go back to the uk.
What are the ramifications for her if the divorce becomes final A. on an E1 visa or B. if the divorce becomes final after the gc has been apllied for?
She does not want to divorce and has threatened to take the kids back to the uk. I am trying to be as amicable as possible but do not want to be stuck in this marriage to keep her here with my kids.
Help.
Jun 7th 2007, 1:35 am
#2
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,181
Re: here on E-1 want to divorce my spouse and apply for gc but have her stay in the u
Hi-
Im here on an E1 visa with my spouse and kids. My company will apply for a green card in short order. I have filed for divorce from my spouse but will buy her a house and want to make sure she stays here with my kids and does not go back to the uk.
What are the ramifications for her if the divorce becomes final A. on an E1 visa or B. if the divorce becomes final after the gc has been apllied for?
She does not want to divorce and has threatened to take the kids back to the uk. I am trying to be as amicable as possible but do not want to be stuck in this marriage to keep her here with my kids.
Help.
Im here on an E1 visa with my spouse and kids. My company will apply for a green card in short order. I have filed for divorce from my spouse but will buy her a house and want to make sure she stays here with my kids and does not go back to the uk.
What are the ramifications for her if the divorce becomes final A. on an E1 visa or B. if the divorce becomes final after the gc has been apllied for?
She does not want to divorce and has threatened to take the kids back to the uk. I am trying to be as amicable as possible but do not want to be stuck in this marriage to keep her here with my kids.
Help.
Where did you file for divorce - US or UK? Sorting out custody is part of the process. This could get messy.
For the sake of your children, do not not proceed with this divorce until you all have your green cards. If you go ahead you risk that your wife gets custody and permission to take the kids back to the UK.
But if you are set on going ahead with this you really need to see a family lawyer with experience in 'international' divorces.
Jun 7th 2007, 2:27 am
#3
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Thread Starter
Joined: Jun 2007
Posts: 2
Re: here on E-1 want to divorce my spouse and apply for gc but have her stay in the u
If the divorce becomes final before completion of the AOS process, your wife would have no basis for adjusting status and would have to leave the US.
Where did you file for divorce - US or UK? Sorting out custody is part of the process. This could get messy.
For the sake of your children, do not not proceed with this divorce until you all have your green cards. If you go ahead you risk that your wife gets custody and permission to take the kids back to the UK.
But if you are set on going ahead with this you really need to see a family lawyer with experience in 'international' divorces.
Where did you file for divorce - US or UK? Sorting out custody is part of the process. This could get messy.
For the sake of your children, do not not proceed with this divorce until you all have your green cards. If you go ahead you risk that your wife gets custody and permission to take the kids back to the UK.
But if you are set on going ahead with this you really need to see a family lawyer with experience in 'international' divorces.
Elvira-
what is the AOS process- I believe there is a difference between divorce becoming final on E1 visa as opposed to already having applied for a greencard. What is the difference?
Also- filed for divorce in the US- the jurisdiction of the kids under the hague convention is the US- Ive been here for 2 1/2 years. Under divorce laws she cannot take the kids back to the UK once I have filed. The problem comes in with the immigration laws and her status once the divorce is final.
I want my kids here so I can see them as much as possible but dont want to get stuck in this marriage untill a greencard is approved- i thought i only have to wait until its apllied for?
Jun 7th 2007, 2:45 am
#4
Joined: Mar 2003
Posts: 68,280
Re: here on E-1 want to divorce my spouse and apply for gc but have her stay in the u
The E-1 is a non immigrant visa ..there is no direct method of adjusting status to be come a permanent resident
