Divorce!

[babygirl28 4]

hi guys! Its been awhile! I enter the US under K1 visa, got my 2year conditional green card but on the process of Divorce right now. My case is not complicated in the sense that we have no kids and properties involved as we have only been married for 7months. Reason for divorce is cheating. Any insights, advice or suggestion on my case? I alteady hired an immigration lawyer to take care of my papers. Another question, I want to travel to Canada to attend a wedding? Can i travel outside US with my conditinal green card? Thanks everyone!

[Pitaya 2,577]

~Moved from Fam.-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[nane1104 146]

Yes, your greencard allows you to travel outside the USA regardless of your marital status.

[Darnell 8,478]

who is the petitioner in the divorce proceedings? who is the respondent?

[babygirl28 4]

I am the petitioner. My soon to be ex is the respondent. He's not even cooperating with divorce, looks like it doesnt bother him.

[tuckin14 58]

If you have an attorney, hopefully he will give you as good or better advice than you would get here. Remember you will still need to show that you entered the marriage in good faith. Hypothetically it would be trivial for a couple to enter a sham marriage where the USC already has a lover, continue that relationship, then the CPR says "I'm shocked, shocked to find out my spouse is unfaithful." You have to show that at least you (not necessarily your spouse) entered and behaved, at least pre-infidelity, as though the marriage was to live happily ever after.

[newacct 688]

You should file for Removal of Conditions as soon as the divorce is final. Hopefully that's what the attorney is doing.

[VOL 425]

I am the petitioner. My soon to be ex is the respondent. He's not even cooperating with divorce, looks like it doesnt bother him.

You will still be married in Philippines after divorce is granted, if you are the petitioner....

[babygirl28 4]

You should file for Removal of Conditions as soon as the divorce is final. Hopefully that's what the attorney is doing.

Yeah, my lawyer told that we will file for ROC as soon as the final decree comes out. Thanks!

[babygirl28 4]

You will still be married in Philippines after divorce is granted, if you are the petitioner....

Hmm.. How did that happen? I mean we were not married in the PI.. My coworker told me that if we report our marriage overseas, then I would still be married in the PI.

[babygirl28 4]

If you have an attorney, hopefully he will give you as good or better advice than you would get here. Remember you will still need to show that you entered the marriage in good faith. Hypothetically it would be trivial for a couple to enter a sham marriage where the USC already has a lover, continue that relationship, then the CPR says "I'm shocked, shocked to find out my spouse is unfaithful." You have to show that at least you (not necessarily your spouse) entered and behaved, at least pre-infidelity, as though the marriage was to live happily ever after.

Well what happened was, it was my ex-husband's old flame. She kinda threw herself to him when i was still in the PI eventhough she knew that we are already together. Back then my husband assured me that it was just nothing. He knew she has feelings for him, but he doesnt entertain that "feeling" because we are together, and off course I believe him. Physically connection was a major problem for LDR, so she kinda took advantage of that knowing she can provide that to my ex-husband. All along I thought they already cut their communication but surprisingly it wasnt the case. I believe my ex-husband put her "on hold" while he see if our marriage would last and work out. So when we started having problems, they rekindle the fire. It was only after we got separated that I found out other things about them when I was still in the PI. All the denying and assurance was a big lie!

Yes, your greencard allows you to travel outside the USA regardless of your marital status.

Thanks! But since my passport is in my maiden name, I have to bring with me my marriage certificate, right?

[Darnell 8,478]

If you have an attorney, hopefully he will give you as good or better advice than you would get here. Remember you will still need to show that you entered the marriage in good faith. Hypothetically it would be trivial for a couple to enter a sham marriage where the USC already has a lover, continue that relationship, then the CPR says "I'm shocked, shocked to find out my spouse is unfaithful." You have to show that at least you (not necessarily your spouse) entered and behaved, at least pre-infidelity, as though the marriage was to live happily ever after.

most divorce attornies not specialize in additional immigration issues. just saying.

[Darnell 8,478]

Thanks! But since my passport is in my maiden name, I have to bring with me my marriage certificate, right?

Correct. You are allowed entry into Canada and Mexico and some Carribean islands. Other places require real tourist visa.

Hmm.. How did that happen? I mean we were not married in the PI.. My coworker told me that if we report our marriage overseas, then I would still be married in the PI.

ya, there's a loophole in there somewhere. try to figure it out, exactly, in the next few weeks.

[Tahoma 2,292]

You will still be married in Philippines after divorce is granted, if you are the petitioner....

Hmm.. How did that happen? I mean we were not married in the PI.. My coworker told me that if we report our marriage overseas, then I would still be married in the PI.

The Filipino government doesn't know you are married because you haven't reported your marriage to them. But, legally, you are considered married in the Philippines.

However, in the future, if you wanted to get married in the Philippines, you would not be allowed to do so without an annulment (unless you lied to the Civil Registrar).

Also, if you ever wanted to renew your Philippines passport, or to become a dual citizen, you would be required to report your marriage.