husband cheated WANT divorce and ALIMONY

[clowy 2]

Hello everyone,

I jut want to ask some questions regarding my situation right now I am

married for 5 yrs, we are still married, got married in the Philippines to USC And I just have few months to get my citizenship but moved back to the Philipines for cheaper school and husband cheated while he is in Guam working after few months now I want to know what are the rules if I want to divorce my husband after I got my citizenship?

We are really miserable since 3yrs but been very happy for 2 yrs.We are friends and talk things smoothly that he will still support me and all until i get back on my feet.,but I don't want to rely to whatever he say since he is seeing another girl now.while I am here in the Philippines.

Will I get an alimony if he lives in Guam ?and I will move to

California? And got a 6 month residency there? Riverside County to be exact.

We lived Guam for 1.5yr 2010-2012 and before that we lived with his mom

for 1 yr in Florida 2009-2010. I live here in the Philippines 2007-2009 during our marriage.

We never buy anything except car when we got married.Using his hard earned money.

I worked for just 1.5yr in the states GUAM in a hospital and its just 10.50./hr job ...I don't have money now since I

am just studying right now while he supports me.He said he can save money by doing this cheaper education and wait till i became a nurse then our income will be much better.

I got two jobs while I was in Guam and still hubby is not very happy with my income and with me.Fights arises here and there cheating and all those kind of drama.IM tired I did everything I could to make him happy he doesnt want a baby yet since MY income is not big enough.for 5yrs I put up with his sshitt.Im just tired.

And he is earning good money like 80 grand a year.

What should I do I want a divorce but I don't have money right now but

will move back to the states this March to work again and to get my

citizenship. Save money and divorce him eventually.

He said he doesnt want us to get a divorce he just want I guess to fuuuck around and wait till I become a nurse.And if he thinks he is done with all his cheating he will come back to me.

WILL I get an ALIMONY? I know that it all depends on the state of residency of the two.

Please let me know what my options are.

Thank you so much.

I will appreciate all ur helpful comments...

[JimVaPhuong 4,863]

You can forget alimony in California. It's almost never awarded anymore. What they might award is spousal support. What's the difference? Alimony is paid for the rest of your life or until you remarry. Spousal support is paid for a specific length of time, and is based on both of your incomes. There is a formula in the California State Family code that the judge will use to determine the spousal support amount. If you both had comparable incomes then you wouldn't get any support. If you earned more than him then you could end up paying spousal support to him. Everything depends on the income situation for both of you, as well as the marital assets and debts that are declared and how they are being distributed. For example, if you both signed a loan during the marriage and he's taking responsibility to pay back that loan then you could end up with less spousal support because of it.

Also, spousal support is up to the discretion of the judge in a marriage of less than five years duration, but it's usually awarded in marriages of five years or more. The duration the spousal support paid is usually half the duration of the marriage or less. So, if you've been married five years then you might get spousal support for 2 1/2 years at most unless you can make a compelling argument why you should receive it for longer.

Forget about bringing up the fact that he's been unfaithful. California is a no-fault divorce state.

Nothing is going to happen until you go to family court and file a petition for divorce. The judge isn't going to order spousal support before then.

BE CAREFUL! I know a Filipina in Northern California who was denied citizenship, lost her green card, and is now in removal proceedings. Why? The immigration officer found out her marriage had been on the rocks for years, and the only reason she waited to file for a divorce was so she could get US citizenship first. The IO looked back into her case file and determined her marriage had been a sham from the start, so he revoked her green card and placed her in removal proceedings. The IO's are quite well aware of the divorce law in the Philippines, and know that a Filipino will often postpone filing for a US divorce until they become a US citizen in order to get around the divorce law in the Philippines. Consult with both an immigration AND divorce attorney before you proceed.

[milimelo 4,191]

Moving to effects of family changes, OP is past K1, has a GC.

[melissa-n-alfredo 10]

I agree with the advice, given to you above. Spousal support is usually never given, especially if you have been employed. That is given more to wives, who have children or having some kind of disability or their husband would not let them earn their own income (therefore becoming completely dependent on husband). If you have been working, even if not currently, they will view this as you being able to care for yourself. Years ago, women were awarded this, but now it is very uncommon.

Also, being that you are in process of immigration proceedings or status change, it may cause you more harm to make such request. Most will view this as your way of gaining immigration benefits and monetary gain, and will think your entire marriage has been based on fraud.

I would suggest too, that you talk both with an immigration and divorce lawyer. This is going to be a very sticky situation, and you don't need to go about it alone, without representation. But before doing this, I would seriously consider the possible outcome of it all. I'm sorry that you are going thru this. But I think spousal support, is going to be the least of your worries, once all is said and done. Good luck!

[Theresa0828 65]

Do you have a 10 year GC?

If yes, I suggest forget the support, get a divorce!!! move on with your plan to go to California and work... work hard... the good thing is... you do not have a child to support, so if you work hard on your own... you should be fine...

File for citizenship later not based on your marriage, in case you will get a technicality that you just married to get citizenship...

[NigeriaorBust 4,087]

You are angry and want to punish him. However alimony is not a punishment, it is a was to transition from coupleness to singleness. As a employable childless person you will be granted alimony based on the difference in your income earning ability and the length of the marriage. At 5 years you barely qualify for anything by California law. You will only get a few hundred at best and only for a period of half the marriage ( or possibly half the US part of the marriage ) Just move on you won't punish him with alimony, let him live on in a series of meaningless relationships until he is too old to get a new one.

[aaydrian 479]

It seems real coincidental and very convenient that the first 2 years you were married and STILL in the Philippines you were happy, yet at the beginning of the last 3 years of you marriage ie right when you entered the US & received your greencard your marriage started making you miserable. Smells fishy. As mentioned you could get yourself in trouble if someone decides to look twice at your case due to all your claims and demands. Don't be greedy. Cut and go, wait a few more years then apply for citizenship.

[rade2rising 205]

It seems real coincidental and very convenient that the first 2 years you were married and STILL in the Philippines you were happy, yet at the beginning of the last 3 years of you marriage ie right when you entered the US & received your greencard your marriage started making you miserable. Smells fishy. As mentioned you could get yourself in trouble if someone decides to look twice at your case due to all your claims and demands. Don't be greedy. Cut and go, wait a few more years then apply for citizenship.

[Ihavequestions 419]

So you lived in the US for one year?

Is that right?

[VanessaTony 3,567]

I jut want to ask some questions regarding my situation right now I am married for 5 yrs, we are still married, got married in the Philippines to USC And I just have few months to get my citizenship but moved back to the Philipines for cheaper school and husband cheated while he is in Guam working after few months now I want to know what are the rules if I want to divorce my husband after I got my citizenship?

okay so you moved back to PI and thus gave up your residency in the US correct? How long have you been living back there? When did you last visit the US?

if you want to divorce, divorce. Do not commit immigration fraud by trying to obtain citizenship based on a marriage you have stated you want to end. You aren't living together. He sends you money though. How do you think you'll pass the relationship requirements? You are aware they can revoke your citizenship if they find out you lied right?

Don't risk it. Either get him to file for divorce, or wait for the 5 year mark when your marriage doesn't matter.

Edited December 22, 2012 by Vanessa&Tony

[Darnell 8,478]

unless you maintained your usa residency whilst going to school in the PI,

and unless you have an SB-1 in hand

then there's a great chance USCIS already thinks you've abandoned your US Residency and

your USCIS-issued Green Card.

[jaycali 415]

Agree with above, depending on how long you've been back in the Philippines, your green card may be considered abandoned, and you might not even have your residence status anymore, much less qualify for citizenship.

You should never delay or "schedule" divorce or separation based on your immigration status - it looks (and sounds) very suspicious. Your green card won't be revoked if you're divorced, not will citizenship be denied - you just have to wait a couple extra years for the latter.

If you commit fraud, citizenship is not a safe zone.

[Shiobhan 235]

Smack of fishyness here, if he cheated, U happy living in your country, u claims U are still friends, all

he did was cheat, it seems like a business agreement when U said that, divorce him and move on, if

he's helping with education Y so hell bent in getting in his pocket, U got no kids he gave U a GC

let it go....dont hate it will destroy U.

[Shenzhen 34]

Move on he spent enough money for flights, vacations, meeting & marrying, and applying for citizenship. Everyone here already pretty much explained everything. As you stated enough money to get back on your feet. Do you want to spend all that money on 2 attorneys? They will take as much as they can get. You don't have much of a case. Don't be greedy be happy!

[reese1 68]

Move on he spent enough money for flights, vacations, meeting & marrying, and applying for citizenship. Everyone here already pretty much explained everything. As you stated enough money to get back on your feet. Do you want to spend all that money on 2 attorneys? They will take as much as they can get. You don't have much of a case. Don't be greedy be happy!