scrubbedexpat084

Hi,

I have a question about who files the divorce. Does that have any impact on my changing the conditions of my Green Card after the two years?

Its been going on for a couple of months now, and I’m not comfortable with just simply filling out the forms he gives me for the “simple divorce”. I have found a lawyer, but just wanted to be sure it makes no difference who files the divorce? The stalling is taking its toll now, and so I need to step up, but want to be sure it’s the right way to go.

He has also written a simple word document stating that he will pay the full sum of the 125% over the poverty line, I know, not the right terminology but you guys know what I mean. I obviously need a lawyer to put this into the agreement.

Thanks for any advice/comments.

ian-mstm

No. It doesn't matter who starts the divorce process.


It makes no difference.

Ian

scrubbedexpat084

thanks Ian

civilservant

It does not matter - I filed for divorce from my USC ex-wife and was successful in removing my conditions without an interview last year.

scrubbedexpat084

thanks Civilservant

S Folinsky

The original version of the Immigration Marriage Fraud Act DID make it important as to who filed for the dissolution. However, there was a retroactive amendment which made it irrelevant. That was over 25 years ago!

The reason I say this, there may be information floating around saying it does make a difference.

p.s. actually, the original provision spoke about "no fault of the alien" which was problematical since most states are no fault jurisdictions. This made for a "race to the courthouse". Again, this is dead letter for a long time.

scrubbedexpat084

Thanks for the info Folinsky

ScousePete

Add me to this list also. Divorced before conditions removed. The only problem was that my processing took a little longer. Citizen now.

scrubbedexpat084

Thanks ScousePete

scrubbedexpat084

Haven’t been around for a while. Its been complicated. Living with a man that says one day the sky is pink the next its blue. I have said I wont sign the simple divorce. The reason being that I am fairly if not 100% sure he is going through depression or something else. To cut a long story short, he keeps saying he will file the divorce papers (serve them) and so be it. One day he says he will do it, next day he says he will go the next day as there will be less people.

Fine. Yesterday he claimed he went there. It takes around 20 mins to get to the court house, then one has to wait I assume, and then go through the paper work. He then drives back and goes shopping, asking if I need anything. All of this is done in less than an hour. 40 minutes is only the drive there and back from the court house.

Can anyone let me know if there is a way I can see if he has filed the divorce, because I simply don’t know. And I need to know because I have to make plans for a new place to live etc. Any advice would be much appreciated.
Thanks

civilservant

Call the courthouse and asked if there is any complaint filed naming you as defendant and him as the plaintiff. They should be able to bring it up if there is.

ian-mstm

Why, then, are you still living with him?


With respect, you should be making plans to move whether he's filed or not. Why don't you file for divorce? That way you'll know for sure! It won't make any difference as far as US immigration is concerned... but it seems that, for some reason, you're choosing to stay in an unhealthy relationship.

Ian

scrubbedexpat084

@Ian...i am choosing the promises i made when i married: through sickness and in health. Obviously i will need to draw the line at some point. But for now, for me, I am not entirely sure, its too much of a long story. He clearly isnt in the right frame of mind to make such a decision. I married with the promise of through you know the rest. I have visited an apartment complex. I love my husband, but i do know that something has clicked and he is now a depressed person. Been there done that. Its not in my nature to give up on anything. But i am once again going into too much detail.

I respect what you are saying Ian....I always do.

I wont file for a divorce because for many reasons, i dont think its the right decision for me, nor for him. He didnt even do it yesterday, i know that. Its all about that nagging part where you say: i wont give up because i know they arent either, we just are dealing with it in different ways. Thats at least how it is now. Enough of my babbling.

BUT i have to know if he has filed, and then i can have clarity and move forward. I dont do games. Thanks civil servant for your advice also, will call tomorrow and find out.

ian-mstm

Fair enough. Since this thread is now more about divorce than immigration, perhaps a moderator can move it elsewhere.

Ian

scrubbedexpat084

its about divorce, correct, and the title of the thread is "Divorce Question"