Divorced After 8 months

[EuroIrish 0]

Hi,

I just found this forum. I hope somebody can offer advice. THANKS.

I have a temp green card. My current and soon to be ex-wife sponsored me. She is an american and I am irish. We knew each other for nearly two years before we got married in california, we have been living there. The problem has been her kids, 23 and 26. It seems she divorced her first husband because her son, then aged 23, now 26, had an argument with her then husband. The two kids are very controlling of their Mom and on occasions we have had several people in our marraige, the kids, their friends and her Mom. She has spent the last weeks crying in bed and afraid to answer calls from her kids, even their emails.

I am not at home. I came to SC to help my daughter who is ill - she has young kids and they are moving house. My wife was happy that I was going to help and she was to join us later this week. Out of the blue, I got an email stating not that I should not come back and that she wants a "no-fault divorce."

She will not talk to me, is sending my passport and temp green card. Does not answer emails. Am kind of lost here.....

If the divorce goes through what are the implications for me in a "no-fault divorce" please.

I am kind of in mess at the moment, minding two young kids and moving house. My daughter is in hospital and her husband has moved down to take his new job - so kind of limbo at the moment, also nobody to talk it through with... Hope all this makes sense.

Thanks

[Harpa Timsah 13,258]

You can file Removal of Conditions on your own, based on divorce and having entered the marriage in good faith. Look over the I-751 instructions.

[Ning 619]

Hi,

I just found this forum. I hope somebody can offer advice. THANKS.

I have a temp green card. My current and soon to be ex-wife sponsored me. She is an american and I am irish. We knew each other for nearly two years before we got married in california, we have been living there. The problem has been her kids, 23 and 26. It seems she divorced her first husband because her son, then aged 23, now 26, had an argument with her then husband. The two kids are very controlling of their Mom and on occasions we have had several people in our marraige, the kids, their friends and her Mom. She has spent the last weeks crying in bed and afraid to answer calls from her kids, even their emails.

I am not at home. I came to SC to help my daughter who is ill - she has young kids and they are moving house. My wife was happy that I was going to help and she was to join us later this week. Out of the blue, I got an email stating not that I should not come back and that she wants a "no-fault divorce."

She will not talk to me, is sending my passport and temp green card. Does not answer emails. Am kind of lost here.....

If the divorce goes through what are the implications for me in a "no-fault divorce" please.

I am kind of in mess at the moment, minding two young kids and moving house. My daughter is in hospital and her husband has moved down to take his new job - so kind of limbo at the moment, also nobody to talk it through with... Hope all this makes sense.

Thanks

Of course this is unfortunate but for you there are positives too. Her sending you the passport & green card is very good, File the ROC asap.

The implications of the divorce are dependent on the length of the marriage. No fault means there is nothing you can do to stop the divorce. In Ca a short term marriage is less than 7 years. In that case material items gained during the term of marriage are divided equally. Again depending on the length of marriage you could ask for alimony. Its possible to divorce with some simple documents if each agree to this procedure. My husband suggests you contact the clerk of the court where you were married to obtain these docs even if its for your own review.

Your daughter in SC? Is she your biological daughter?

Of course your wife was happy to find you were leaving because it provided an opportunity to do what she did. Still its good to get through this so you can get on with your life.

[EuroIrish 0]

Please, what is removal of conditions?

I-751 instructions - what is I-751?

My daughter is my biological daughter.

Thanks

[Ning 619]

Please, what is removal of conditions?

I-751 instructions - what is I-751?

My daughter is my biological daughter.

Thanks

Use the search block at the top of the page.

[Harpa Timsah 13,258]

All people with 2-year GCs must file to remove conditions on their GCs, to get a 10-year card. In this stage, the case is evaluated again to show it was not fraud. Typically, people file and report they are still married and all is well, but there is an option for people who divorced.

[KayDeeCee 4,891]

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits ~

[mtempelaar 190]

I don't have anything to add on the legalities but I just want to say that I am so very sorry you are going through all of this and think it's pretty crappy to say you want a divorce by email. Sounds like some depression there on her part and a lot avoidance. I wish you the best of luck on your path and cross my fingers that things get better for you quickly.

[elmcitymaven 9,711]

If your wife is domiciled in California for more than 6 months, you have been married fewer than five years (or were married fewer than five years at the date of separation) and the two of you have few joint assets and joint obligations, you may be eligible for a summary dissolution. This is essentially a walk-away agreement that is faster, cheaper and easier than a standard divorce. On the other hand, you would not be eligible for alimony, nor would you ever be able to challenge the settlement agreement that you and your wife would draw up jointly. For many (including myself), it was nearly painless. No court appearances are required, and many people can do it themselves.

I recommend looking at the California Courts' website on this topic. You can find it here: http://www.courts.ca.gov/1241.htm

I know how painful divorce can be, especially when it seems to be out of the blue. If you feel there is a chance of reconciling in these challenging circumstances, I urge you to consider counselling with your wife before resorting to divorce. Although I have no regrets that my marriage ended (and I was not the one who wanted out), my ex now considers it a personal tragedy. Your wife may come to feel the same way in time. No matter what, take courage, be strong and know that there are many on here who have been where you are now, and come out the other side not only intact, but better off for it.

[Sirliner 26]

A lot of good advice so far. I will just add that if the divorce is imminent I would strongly recommend that YOU file the divorce petition. This will give you some measure of control during the proceedings. Trust me, you may need it. Not saying they will, but things can get ugly in a hurry. Even in a no-fault State, like California. They certainly did in my divorce. And my condolences.

[F & A 12]

Please, what is removal of conditions?

I-751 instructions - what is I-751?

My daughter is my biological daughter.

Thanks

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf instructions for I-751. I-751 form is use to remove conditions on residence.

[URgreat 0]

A lot of good advice so far. I will just add that if the divorce is imminent I would strongly recommend that YOU file the divorce petition. This will give you some measure of control during the proceedings. Trust me, you may need it. Not saying they will, but things can get ugly in a hurry. Even in a no-fault State, like California. They certainly did in my divorce. And my condolences.

Could you please elaborate?

[EuroIrish 0]

Thank you all for your advice and kinds words. Am in a family situation, looking after young kids at the moment, their Mother is ill and as soon as I get a little room I will be able to act. THANK YOU.

[Krikit 1,163]

Just a word to the wise... not a good idea to travel without your passport and greencard. Good luck with everything, and I hope your daughter is on the mend soon.