Seperated/Divorce Spousal support question

[Incongo 0]

Well you guys know my story if not please scroll down and read my thread about trying to get my husband deported.

I want to know how can i start the divorce procedure and is it true that my husband can get remarried while up here and be able to adjust his status? even after i reported his behavior and cheating already only been here a month to the ICE and making false claims against me?

I also withdrew the petition on him and let them know everything that is going on.

Right now I am waiting on the police to let me know what is going on with the false police report they are still investigating his claim against me saying I burnt his hand.

The ice said they probably can deport him if they find out that he is lying on me and committing crime report false allegations against me.

In the meantime I am unemployed I just filed for unemployment however he is working I would like to know is there some way i can get him to pay spousal support??

[Incongo 0]

Oh sorry i realized i post this in the wrong forum

I would like to know can my cheating husband try file divorce on me first can he do this?

[Incongo 0]

17 views and no answer just WOW!

[trillium13 84]

Not everyone who reads your thread will know the answers to your questions. Me included. Have patience.

Anyway, any questions related to divorce/spousal support would be best answered by a divorce attorney. That's where you need to start. I don't see why he couldn't divorce you first.

I did a quick skim of one of your other threads. I'm a little confused. Does he have his GC? If so, he doesn't need to adjust status, but if it's a 2 year, he will have to remove conditions.

Filling in your timeline might help you get some answers-that way no one has to go looking for your old posts. Or, link the ones you're referring to.

[Anh map 2,098]

Do you want him to pay you? OR do you want him deported? Both cannot happen.

Report him to ICE, divorce, and move on.

[Leatherneck 693]

Well you guys know my story if not please scroll down and read my thread about trying to get my husband deported.

I want to know how can i start the divorce procedure and is it true that my husband can get remarried while up here and be able to adjust his status? even after i reported his behavior and cheating already only been here a month to the ICE and making false claims against me?

I also withdrew the petition on him and let them know everything that is going on.

Right now I am waiting on the police to let me know what is going on with the false police report they are still investigating his claim against me saying I burnt his hand.

The ice said they probably can deport him if they find out that he is lying on me and committing crime report false allegations against me.

In the meantime I am unemployed I just filed for unemployment however he is working I would like to know is there some way i can get him to pay spousal support??

With regards to spousal support, that is an issue for the family court judge presiding over the case. You can check your state laws yourself to see if you're entitled, I will venture to say you have probably not been married long enough, just my guess.

Start the divorce by getting a lawyer, but seeing as you're unemployed, consider the cost of such. Assuming you have no property to divide or debts to fight over, your divorce should not be complicated, you can have a paralegal prepare the pleading, you file it yourself and appear before the court in pro per/pro se. That is an option if you can not afford to retain a lawyer, provided you have no property/debts to complicate things.

Your husband has already completed AOS, he will need to remove the conditions later in order to get the 10 yr GC.

Edited October 22, 2011 by Leatherneck

[Ban Hammer 12,899]

several duplicate threads have been removed - please do not start multiple threads on the same topic!

charles

vj moderation

[Ban Hammer 12,899]

I would like to know can my cheating husband try file divorce on me first can he do this?

you probably need to first find out what your state laws are regarding divorce - if it's a no fault or fault state. odds are it's a no fault and if so, yes, he can divorce you.

answers don't arrive immediately upon posting a thread - patience is required. soon enough, several highly regarded vj members will post their thoughts on your situation, but you need to provide what state you reside in (as that has bearing on your case) and will determine their advice.

[Fandango 1,439]

Do you wield the power to deport him? No

Will ICE deport him for marriage fraud? Only if you can submit to them OVERWHELMING evidence of such. Cheating is indicative of a marital breakdown, not necessarily marriage fraud.

Can you divorce him? Sure

Can he divorce you? Sure

Can he be ordered to pay spousal support? Yes. Will he? Up to a divorce judge, and tbh, with such a short marriage, I really can't see that happening, but that's my speculation.

Remember, if he has his 2 year gc, he can remove conditions on his own....and theoretically, you might NEVER get out from under the I864 (providing he doesn't naturalize, pass away, surrender gc or have it revoked, or complete 40 quarters of work on the books.)

The only thing you can truly hope for is that ICE deports him for his fraudulent accusations. But deportation and spousal support are incongruent goals (as previously mentioned).

Edited October 27, 2011 by Anita Cocktail

[designer 2]

Oh sorry i realized i post this in the wrong forum

I would like to know can my cheating husband try file divorce on me first can he do this?

Yes, a cheating husband can file for divorce. And you can file for Spousal support for which he will be required to pay if he is the breadwinner.

[designer 2]

With regards to spousal support, that is an issue for the family court judge presiding over the case. You can check your state laws yourself to see if you're entitled, I will venture to say you have probably not been married long enough, just my guess.

Start the divorce by getting a lawyer, but seeing as you're unemployed, consider the cost of such. Assuming you have no property to divide or debts to fight over, your divorce should not be complicated, you can have a paralegal prepare the pleading, you file it yourself and appear before the court in pro per/pro se. That is an option if you can not afford to retain a lawyer, provided you have no property/debts to complicate things.

Your husband has already completed AOS, he will need to remove the conditions later in order to get the 10 yr GC.

Spousal support is not based on length of marriage. Alimony is. I'm not a lawyer but worked Support Enforcement in the State of PA for a number of years. If he is the breadwinner, she is entitled to spousal support for the duration of the divorce process. She can ask for a mortgage deviation if there is a house involved. Health insurance costs are also factored into the equation. It is retro active from the date of filing, so if he is out of the house, file now - figure it out later.

[designer 2]

Spousal support is not based on length of marriage. Alimony is. I'm not a lawyer but worked Support Enforcement in the State of PA for a number of years. If he is the breadwinner, she is entitled to spousal support for the duration of the divorce process. She can ask for a mortgage deviation if there is a house involved. Health insurance costs are also factored into the equation. It is retro active from the date of filing, so if he is out of the house, file now - figure it out later.

Oh, and you don't need a lawyer for either divorce or Support issues. If there were child custody or huge financial assets involved, then yes.. lawyer up. I don't think that is the case here. And let him spend the filing fees for the divorce... a divorce filing is not required to request spousal support.