Hi everyone, I'm writing on behalf of a friend who needs some help and since this forum always has given me good advice, I'd figure I'll ask here. Basically she came here on a K-1 visa 5 months ago, has gotten married, but she feels her marriage is falling apart and wants a divorce. Her husband doesn't treat her well at all, he is very abusive towards her. There are other problems as well, but I'd rather respect her privacy. I don't really know what the laws are here, I haven't gotten married yet to my fiance so I'm not sure how the divorce process works. She never signed a pre-nuptial agreement, so she wants to know that if she gets a divorce, does her husband have an obligation to support her financially afterwards? If so, is there a percentage? Does he have to share his assets with her? Or does this only occur when there's a pre-nuptial agreement? Her husband is the U.S. Citizen and they married in NYC. Any advice would be appreciated. Also, how much does a divorce cost nowadays?

We need more information. Did they apply for AOS? Does she have a green card yet?

She should also consider going back home, does she want to?

Yes, she applied for AOS, but hasn't gotten the green card yet. I dont think she wants to go back home, she likes it here and has already gotten a good job with her EAD. But even if she did want to go back home, she stills needs to get divorced here right?

Yes, but since she still hasn't gotten her GC, I'm not sure how to proceed. There's a forum about these types of situation, you should check here.

She definitely needs to go to a good immigration lawyer. She may have a problem in two years when she files to remove conditions if she's not still married to her husband, but a good lawyer will advise her on what to do in this case since domestic violence might be an issue. I have heard several immigration lawyers say that there is some kind of law that protects battered women even if they're still going through the legalization process.

As far as the other issue of alimony, she also needs to take that with a lawyer since laws are different in every state.

Check out this forum.... this should have been posted there. Jen

http://www.visajourney.com/forums/index.php?showforum=127

Yes more info needed, immigration status is needed to give good answers.

Similar questions came up 2 days ago, "divorce while holding a conditional green-card".

SEE: http://www.visajourney.com/forums/index.ph...c=60939&hl=

If can prove abuse, they can self petition for green-card, EAD, lifting conditions.

SEE:

How Do I Apply for Immigration Benefits as a Battered Spouse or Child?

Petition for Amerasian, Widow(er), or Special Immigrant (I-360)

she needs to get divorce in the USA and go back home ( basically she is in the USA because she is married to a US citizen and she is free to divorce or stay with him ).
What do you mean by abusive ? are we talking about violence or something else ?
Does she have other way to stay in the US ? Would her employer sponsor her ? can she obtain a greencard on her own merit (qualification/diversity visa/etc...)
Sorry to be so straight forward but in the long run it will be less headaches for all parties me stupid head think

I actually think we do not need more info.

Please tell them to speak with an immigration attorney or one of the charities that can help in both arenas. (abuse and immigration)

IMHO

personally if I came in a country to get married - then find myself abused in a relationship by my husband or wife I would do the following :
- file for divorce
- get the hell out of a country , in case I might come face to face with the psycho I got married with
- and no I do not think 5 months of marriage entitle me to 50 % of his/her earnings except if I contributed to it in significant way(partners in a business, etc...)

Just me thoughts

I don't think you are entitled to any alimony for only 5 months of marriage. An annulment is an option too.

I dont know about you all but if I were in an abusive relationship the last thing I would be worrying about is if my spouse had to support me. You said she had a good job and liked it here? I hope I am wrong but this sounds a bit off to me.

If she is truly abused I hope she gets out and the guy goes to jail.

If she is crying wolf and just wants out cause she now has a great life I hope karma bites her in the butt.

Gee, your words are so kind.

Hi

I hate to butt in. But this is really bothering me about almony. Been there, done that. She will get nothing. I hope her ex-husband would nice enough to get her a plane ticket back home.

She came here on her own, she can decide to leave as well! Which seems to be the case right now. This story doesn't add up in my book and doesn't pass the smell test either! Sorry to be franked, but I've seen a lot of these cases on this forum for the length 2 years plus.

- Husband is abusive. sure he is!
- Wait, I want to stay here without marrying to the guy who spent all the money and sign his life away to the USCIS to bring me here!
- I found a good job now with the EAD card what my husband's money to pay for 5 months ago.
- Can I still get allymony support (WTF)? I could never understand this whole concept of paying someone for not being with you, but it is the law and respect it!

As mentioned, it is so typical of them to use us the good american boys to come to America and then leave them. Go home! These cases are a waste, in my opinion, of good resource to process and visa approval. Should have had allocated that resource to process the good genuine case who are still in AR/AP.

Sorry to sound heartless but that's how I feel. Get a lawyer if she wants to stay here!

I agree with chuckandkim. Her story does not add up, but I can smell a gold digger. Have a good job and want almony. If I were her fiance, I would withdraw my I-864 right away, and the case is closed.

I have to agree =/