divorce

[biter 0]

I need some advice of what should i do...

i got married to a u.s citizen in 2005 got my greencard and expired on 2018 im from philippines and my marriage is on the rocks.

but before my 1st year of my wedding anniversary i left with out knowing him.he think i run away with another man which is not true.

i left him because he is mean not physically.treats me like a maid.so i came back and i told him everything.and want to start over again.

but in the past years i look in the computer and i see this photos of a woman and i ask him about this and he said he dont know her.which

i beleive.then i saw this gay porn videos in my computer theres lots of them so i freak out and ask him whats going on inthis computer and he said

he dont know anything about it.then this time i caught him in the computer watching a porn like his payinh for it because i saw the bills that his going to this

porn site.so i move out from our bedroom because i dont want to talk to him or see him.separated but still living in the same house.im trying to figure it out what

should i do because he said his addicted to it.but i ask him why you married a young woman that dont get sex from you for years and even no kids.? he said he starts

doing this since i runaway from him.which is true but im totally hurt and confused if his hiding somehing from me like if his gay.i cant ask that question because i might get in trouble

asking that question.so right now im trying to sleep in the same bedroom so i can figure it out if this marriage goingto work out.his trying to change but he just bought another computer because he wants to have another one. i cant sleep nor no peace of mind.im working since we got married and my problem is i dont think i can trust him again im so stress

so my problem is if i file for divorce who's paying for the lawyers? do i have to pay him? and he always telling me if i divorce him, i cant stay here in u.s he will send me home and do the best he can do to send me back home.which i dont want to happen.i just want to move on and start a new life. im scared he will deported me.

i would be grateful for a good advice

thanks!

[TracyTN 237]

Your green card doesn't expire until 2018? Are you sure about that?

[biter 0]

Your green card doesn't expire until 2018? Are you sure about that?

yes its expired march 2018 i came here as a k-1 visa

[chinese_mutt 11]

If you have a ten year GC, you can divorce him (yes, you have to pay for it) and not have to worry about removal of conditions. You can stay here for as long as 2018 or file for naturalization (5 years from the date that you arrived here in US).

You can't go back to Philippines to get married there though since divorce is not legal there (if divorce is initiated by the Filipino spouse); BUT you can remarry here in US without problem.

No deportation for you.

Edited March 30, 2010 by chinese_mutt

[Darnell 8,478]

divorce has no bearing on current green card.

divorce has bearing on NEXT green card.

as for 'who pays' - it depends on what the court and the judge 'say' .

either can file, either can pay the filing fees, but if any judgements against one or the other, the opposite person will be ORDERED to pay any judgement amount.

Good Luck !

[thongd4me 69]

Question: do you want to stay for more than 20 years in a bad marriage?

My rule of thumb after making that first mistake is "what you see is what you get."

That means you have to either accept him with all his quirks/lifestyle or get out.

[biter 0]

Question: do you want to stay for more than 20 years in a bad marriage?

My rule of thumb after making that first mistake is "what you see is what you get."

That means you have to either accept him with all his quirks/lifestyle or get out.

thanks to all for the reply...

you have point..but how about the affidavit of support?

he said he will contact the uscis about this affidavit of support and

he don want to be part of it.

[JimVaPhuong 4,863]

thanks to all for the reply...

you have point..but how about the affidavit of support?

he said he will contact the uscis about this affidavit of support and

he don want to be part of it.

There's nothing he can do about the affidavit of support. He accepted the terms when he signed it. The government accepted the terms when they granted your AOS. At that point, it became a binding contract. He can't withdraw it. It wouldn't affect your immigration status even if he could. You have a 10 year green card, so your green card is no longer conditional on your marriage or his sponsorship. There are specific terms that dictate when the affidavit will expire, and he has no control over any of those terms.

A divorce now will not affect your immigration status at all. If you have no income then you may be able to get a court order requiring him to pay your legal fees. It depends on the laws of the state you live in. I wouldn't count on getting the courts to order him to pay, though. I've seen cases where the husband had a very high income and the wife had little or no income, and the judge ordered the wife to pay her own legal fees out of the spousal support payments he ordered the husband to pay. Family courts are reluctant to tell someone they have to pay the counsel that is opposing them.

[thongd4me 69]

thanks to all for the reply...

you have point..but how about the affidavit of support?

he said he will contact the uscis about this affidavit of support and

he don want to be part of it.

If you already have a 10 year green card (until 2018), I believe you don't need his

assistance or permission to renew your green card. I just sent in my AOS yesterday

so I'm not an expert on that part of the Visa Journey.

More of your fellow members will help if you try to describe your status more completely,

including making your timeline (which you did not fill) up to date.

[biter 0]

If you already have a 10 year green card (until 2018), I believe you don't need his

assistance or permission to renew your green card. I just sent in my AOS yesterday

so I'm not an expert on that part of the Visa Journey.

More of your fellow members will help if you try to describe your status more completely,

including making your timeline (which you did not fill) up to date.

i got my greencard since 2006 and it will expired on 2018 i came here as a k1-fiance visa.

i have low income and he has a big income.

we have a joint account which where i deposited my earnings.and he has separate account.

he dont even tell me how much he made in tax return he said his not done.

his addicted to a porn site and his trying to change but still im worried that he might do it again.

do i need to get a 2 lawyer? one to immigration and one for divorce?

thanks to all..

[Darnell 8,478]

IMO, you won't need an immigration attorney.

[chinese_mutt 11]

i got my greencard since 2006 and it will expired on 2018 i came here as a k1-fiance visa.

i have low income and he has a big income.

we have a joint account which where i deposited my earnings.and he has separate account.

he dont even tell me how much he made in tax return he said his not done.

his addicted to a porn site and his trying to change but still im worried that he might do it again.

do i need to get a 2 lawyer? one to immigration and one for divorce?

thanks to all..

i hate to say this and really don't want to advice it to anyone, but if you see no future... start stashing cash away for your eventual leaving him.

maybe some counseling will work for his addiction. i don't know.

[DanielParul 50]

Your immigration is taken care of till 2018. Thats when you will renew your card. You do not have to remain married to him for your greencard and he cannot do anything to your status here in the US either. A divorce will not change anything for you except that you will probably be happier not being his wife.

[biter 0]

Your immigration is taken care of till 2018. Thats when you will renew your card. You do not have to remain married to him for your greencard and he cannot do anything to your status here in the US either. A divorce will not change anything for you except that you will probably be happier not being his wife.

thank you all for the advice.. now im relief and i will do the best i can do to make my life easier. thanks again

[thongd4me 69]

i got my greencard since 2006 and it will expired on 2018 i came here as a k1-fiance visa.

i have low income and he has a big income.

we have a joint account which where i deposited my earnings.and he has separate account.

he dont even tell me how much he made in tax return he said his not done.

his addicted to a porn site and his trying to change but still im worried that he might do it again.

do i need to get a 2 lawyer? one to immigration and one for divorce?

thanks to all..

Somebody said the court doesn't like to approve one party paying for the opponent's legal fees,

but in NY it's common, especially when one of the parties is NOT monied.

I paid for that once, but when asked a second time I refused and that was because at that time

she had more assets and was working. If you're not working or have a very low paying job

that's a resonable request in a divorce proceeding. You'd best get a lawyer because doing

it yourself would only be possible if you had sufficient income and didn't want anything from

him and if he agreed to sign on the dotted line after you got it done.

YOU have a right to see the tax return, especially if he filed JOINT - it's up to HIM to give it

to YOU to sign; without your signature it's not valid - you have to discuss that with the lawyer

because as part of the DISCOVERY process (initial fact exchanges between the parties), he

is OBLIGED to present you with his tax documents and all records of income and assets.

It also depends on what state you are in, but you should look up the term "equitable

distribution" and that means in theory at least that you should get HALF of the common

assets, dependant on how long you were together. You'll probably get less, but all

assets have to be disclosed in the discovery.

Most important fact: divorce IS state-specific. What works in one state may not work in another.

Edited March 31, 2010 by thongd4me