SOS! Divorce paperwork?

[Korzhik 0]

Hi folks,

My situation is really complicated. We got married in 2012, I came to the states in 2013. I'm not posting publicly all quarrels we had as I think every family get through of it and it's inevitably. 11 months later I came to origin country to fix my health as my spouse couldn't effort it from financial side. We agreed I'd stay for a month, when it came to end that period he asked me to stay one more because he couldn't support me and forced to cancel my return ticket. Now he manipulates me and threaten me not to buy a new airplane ticket or divorce while I'm here and he's there. We got married outside of the USA, I hold a conditional green card. Please explain me what rights I have and what action he can do while I'm out of the country.

Thanks in advance

[Ontarkie 13,902]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from Off Topic- Similar topics are discussed here.~~

[Caryh 5,206]

He is not legally obligated to buy you a ticket to return. Anyone can file for divorce in the USA, no one is obligated to stay married.

You have the right to return to the USA as long as you do not stay out of the country too long. If he files for divorce, you can file to remove conditions on your two year card and get your 10 year card when the divorce is final. You will still need to prove a bona fide marriage when removing conditions.

[Thomas&Cleofe 358]

Actually LPR status is not a legal right, it is a revocable privilege.

There is a whole host of reasons why she may be turned away at the border (length of stay away is only 1)

[Caryh 5,206]

Actually LPR status is not a legal right, it is a revocable privilege.

There is a whole host of reasons why she may be turned away at the border (length of stay away is only 1)

Who said her LPR status was a legal right?

A whole host of reasons which do not commonly come up. Taking up arms against the USA, committing a crime in the USA, or abandoning residence do not sound like things she plans to do. Lets not start throwing vague scary scenarios around, she's probably scared enough with the situation as it is.

[Korzhik 0]

He is not legally obligated to buy you a ticket to return. Anyone can file for divorce in the USA, no one is obligated to stay married.

You have the right to return to the USA as long as you do not stay out of the country too long. If he files for divorce, you can file to remove conditions on your two year card and get your 10 year card when the divorce is final. You will still need to prove a bona fide marriage when removing conditions.

I'm totally lost, please explain me. Can I apply the 10 year green card after having completed divorce process?

Can he file divorce without me or can the court divorce us without my permission/signature?

[Merrytooth 5,748]

I'm totally lost, please explain me. Can I apply the 10 year green card after having completed divorce process?

Can he file divorce without me or can the court divorce us without my permission/signature?

You are apply for I-751 with divorce waiver to get your 10 year green card. You have to provide proof of bona fide marriage though.

And he could file for divorce without your permission. Especially if you are out of US now, you have no way of knowing if you have been mailed/served the divorce papers.

There is one case here that the USC filed for divorce without the beneficiary knowing it,

http://www.visajourney.com/forums/topic/515144-now-what/page-2

Edited October 1, 2014 by Merrytooth

[Caryh 5,206]

I'm totally lost, please explain me. Can I apply the 10 year green card after having completed divorce process?

Can he file divorce without me or can the court divorce us without my permission/signature?

Yes you can file for your 10 year green card, removal of conditions or ROC, if you divorce.

Look at the link on the types of evidence you're going to need.

http://www.visajourney.com/content/751guide

Generally to divorce someone you need to serve them divorce papers. How they can be served depends on the laws where he is filing. In some cases this can be done by posting a notice of the impending divorce in a news paper in the last known location of residence. I've even heard where emailing the notice has been allowed. You do not have to sign anything and you can still end up divorced.

[N-o-l-a 7,167]

I'm totally lost, please explain me. Can I apply the 10 year green card after having completed divorce process?

Can he file divorce without me or can the court divorce us without my permission/signature?

You can look up civil court cases or call the clerk of the court where your husband resides to see if he has filed a divorce petition if you are concerned that he has already started the process.