Jump to content
Sign in to follow this  
Kindheart

Legal Separation after Green Card

7 posts in this topic

Recommended Posts

Hi,

I want to asked about legal separation. Just got my green card this May 1, 2008 the effectivity will be on June 3, 2008. I want to file for legal separation between me and my husband. I'm from Michigan, can I file legal separation when I'm in California or should it be file here in Michigan before I leave?

What is the best way for me to do because our marriage is not good I don't know what to do. I want to work in other State (California) where my relatives are. I don't have future with my husband too many to mention but I want to get out of this relationship and to this house and start my new life.

Divorce is not on my list that's why legal separation is what I thought. Can I do that? Please advise me what will I do. I need to get out of this relationship and leave because our relationship won't work.

Share this post


Link to post
Share on other sites
:time:

K-1 journey, AOS/EAD and ROC in my timeline

2011 March 31 - Sent off Naturalization pkg overnight to Texas

2011 April 1 - Arrived in Texas at 10:21 am

2011 April 1 - NOA (rec'd via snail mail April 8)

2011 April 7 - Cheque cashed

2011 May 5 - Biometrics (letter rec'd via snail mail April 15)

2011 May 9 - Placed in line for interview scheduling

2011 June 13 - Rec'd yellow letter (no change in status online)

2011 June 23 - Rec'd text that my case has been scheduled for interview

2011 August 1 - Interview (rec'd via snail mail June 27) PASSED

2011 August 3 - Rec'd email that my case has been scheduled for Oath

2011 September 1 - Oath ceremony (rec'd snail mail Aug 5)

2011 September 1 - All done, yeah.

Share this post


Link to post
Share on other sites
Hi,

I want to asked about legal separation. Just got my green card this May 1, 2008 the effectivity will be on June 3, 2008. I want to file for legal separation between me and my husband. I'm from Michigan, can I file legal separation when I'm in California or should it be file here in Michigan before I leave?

What is the best way for me to do because our marriage is not good I don't know what to do. I want to work in other State (California) where my relatives are. I don't have future with my husband too many to mention but I want to get out of this relationship and to this house and start my new life.

Divorce is not on my list that's why legal separation is what I thought. Can I do that? Please advise me what will I do. I need to get out of this relationship and leave because our relationship won't work.

Did you get a conditional green card? If you did, it might raise a red flag when you try to remove the conditions that you separated so soon.


Removing Conditions

07/31/2010 - Filed for Removal of Conditions (I-751)

08/02/2010 - ROC Packet received

08/03/2010 - NOA notice date for I-751

08/05/2010 - Check cashed

08/07/2010 - NOA received for I-751

08/13/2010 - Biometrics appointment letter received

09/01/2010 - Biometrics taken

09/01/2010 - Case status appears online

11/08/2010 - Card production ordered

11/13/2010 - I-751 Approval Letter received

11/19/2010 - Green Card received in the mail

Citizenship

08/01/2011 - Filed for Citizenship (N-400)

08/03/2011 - N400 Packet received

08/05/2011 - Received email/text confirming application receipt

08/08/2011 - Check cashed

08/09/2011 - Biometrics notice sent

08/12/2011 - NOA received for N400

08/12/2011 - Biometrics appointment letter received

08/29/2011 - Biometrics taken

08/31/2011 - Case Status Notification: Placed in line for interview scheduling

10/11/2011 - Received yellow letter

01/11/2012 - Interview letter sent

01/17/2012 - Interview letter received

02/16/2012 - Interview & received Oath letter

03/06/2012 - Oath ceremony

Share this post


Link to post
Share on other sites

You will have problems removing conditions unless he divorces you and you have proof the marriage was in "good faith". Also if you have evidence of physical or mental abuse.

You obviously will not have proof of a bonafide marriage at that time!

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Share this post


Link to post
Share on other sites
You will have problems removing conditions unless he divorces you and you have proof the marriage was in "good faith". Also if you have evidence of physical or mental abuse.

You obviously will not have proof of a bonafide marriage at that time!

She needs to show that she entered the marriage in good faith but it doesn't matter who divorces whom. I don't think a legal separation would allow removing conditions on her own. She may need a divorce to do it. Good question.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites

I'm looking at the "effective date" on the card and thinking the OP is talking about a 10 year green card.

Please fill in your timeline.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Share this post


Link to post
Share on other sites
Hi,

I want to asked about legal separation. Just got my green card this May 1, 2008 the effectivity will be on June 3, 2008. I want to file for legal separation between me and my husband. I'm from Michigan, can I file legal separation when I'm in California or should it be file here in Michigan before I leave?

What is the best way for me to do because our marriage is not good I don't know what to do. I want to work in other State (California) where my relatives are. I don't have future with my husband too many to mention but I want to get out of this relationship and to this house and start my new life.

Divorce is not on my list that's why legal separation is what I thought. Can I do that? Please advise me what will I do. I need to get out of this relationship and leave because our relationship won't work.

In many states there is not a recognized "legal" separation. The best advice is to investigate the family law of your state of residence.


YMMV

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×