Too soon to file for divorce?

[LiveStrange 0]

Hi! I have been married for almost 1.5 years (since April 30, 2009), but I didn't get my green card until August 3, 2010 (so barely 4 months).

My husband and I have a daughter that is almost 2 years, and we have lots of proof of us living together, having bills together, bank accounts, cars etc.

The problem is that he is verbally abusive and from time to time he also likes to break things around the house (like when he destroyed our bedroom door by punching and kicking it multiple times). I am not going to go into a lot of detail in this, just that yesterday night it was a definite breaking point, and today we have talked and we have agreed we both don't want to be with each other.

Our next step is to start going our separate ways, but I am worried about immigration.

1) I have heard that in some states the divorce process actually takes more than 6 months. Is that true? (it would give me some time)

2) If I was to get a super quick divorce, would it hurt my case if I only had my GC for 4 months even though I was married for almost 2 years?

3) Is it best for us to separate but not actually get divorced for a while? I know of couples that live that way, maybe because they can't afford the divorce or something like that. I just don't want immigration to think that I am trying to lie to them.

4) I also wonder about #3 because right now I don't have the $600 filing fee, so I need some time to get that money...

Thank you

Edited November 22, 2010 by LiveStrange

[LiveStrange 0]

I forgot to add that I have been in the United States for more than 5 years (the first 4 with a student visa)...

[Zen Den 18]

Hi! I have been married for almost 1.5 years (since April 30, 2009), but I didn't get my green card until August 3, 2010 (so barely 4 months).

My husband and I have a daughter that is almost 2 years, and we have lots of proof of us living together, having bills together, bank accounts, cars etc.

The problem is that he is verbally abusive and from time to time he also likes to break things around the house (like when he destroyed our bedroom door by punching and kicking it multiple times). I am not going to go into a lot of detail in this, just that yesterday night it was a definite breaking point, and today we have talked and we have agreed we both don't want to be with each other.

Our next step is to start going our separate ways, but I am worried about immigration.

1) I have heard that in some states the divorce process actually takes more than 6 months. Is that true? (it would give me some time)

2) If I was to get a super quick divorce, would it hurt my case if I only had my GC for 4 months even though I was married for almost 2 years?

3) Is it best for us to separate but not actually get divorced for a while? I know of couples that live that way, maybe because they can't afford the divorce or something like that. I just don't want immigration to think that I am trying to lie to them.

4) I also wonder about #3 because right now I don't have the $600 filing fee, so I need some time to get that money...

Thank you

hello. i'm so sorry about your situation. i hope i can help even just a bit.

1. if you said both of you agree that you don't want to be with each other anymore, then your case should not take vvery long, although it would depend on when it's filed exactly (the sooner, the better?)

2. it won't hurt your case for as long as your husband backs you up that your marriage was viable and entered into in

good faith

3. separating is also good if your husband's ok with it. but in the mean time,just make sure you have enough proof that your marriage was entered into in good faith.

4. work and save for the fees and other expenses =)