Please advise

[tara12 1]

Hello, I hope you're all doing good, I have an inquiry and I'm asking for some help, so my situation can be a little complicated, I've entered the US back in December 2024, and came over here as permanent green card holder to move in with my wife who I've been married to for 3 years and known her for 5 at the time, however we had some troubles having kids after moving in together and living with her family made it worse, she kicked me out at least 2 times before the third one was the last her father came with her brothers and kicked me out, I have nobody here so I went to a church/mosque to seek help and a place to stay, now it's been a year and a half since I got kicked out and haven't heard from her ever again as I got blocked everywhere by her, my question here is I'm trying to file for a divorce because I got some money now saved up and the marriage took place in Africa, what do I do in this case I contacted a lawyer though legal shield and they said since we didn't get married here it is not recognized in the US, now my issue is I want to get divorced because we've been separated for over a year and a half and stop being legally married while I have no actual wife besides me since I got kicked out, what do I do to get divorced, do I file here or go back home and file for it or what do I do? Please help with anything you know 

[Crazy Cat 46,001]

11 minutes ago, tara12 said:

they said since we didn't get married here it is not recognized in the US

Find a different attorney.  If you received a Green Card through that marriage, it is recognized here.  Find a local divorce attorney.

Edited Monday at 05:32 PM by Crazy Cat

[Crazy Cat 46,001]

***Moved to Effects of Major Family Changes..."

[tara12 1]

I contacted two of them and both said that it's not recognized here and I explained that I entered the US though marriage, now should I just find a local divorce attorney where I live and have him file the paperwork for the divorce? 

[Crazy Cat 46,001]

1 minute ago, tara12 said:

I contacted two of them and both said that it's not recognized here and I explained that I entered the US though marriage, now should I just find a local divorce attorney where I live and have him file the paperwork for the divorce? 

They are wrong......Yes, you can file a local divorce.

[tara12 1]

Okay thank you for that, after everything is finalized and since I have a permanent green card, will that affect my immigration status or in case I want to travel back home? Can you please advise?

[Crazy Cat 46,001]

17 minutes ago, tara12 said:

Okay thank you for that, after everything is finalized and since I have a permanent green card, will that affect my immigration status or in case I want to travel back home? Can you please advise?

When does your Green Card expire?  Divorce does not terminate your Green Card.  You can still travel.

Edited Monday at 05:56 PM by Crazy Cat

[tara12 1]

It expires in 2031 , but after the divorce is finalized and all, how can I renew it in the future or naturalize? I just don't want any trouble because I waited for a year and half to file for the divorce but that's cuz I barely got back on my feet financially 

[Crazy Cat 46,001]

1 minute ago, tara12 said:

but after the divorce is finalized and all, how can I renew it in the future or naturalize?

Your resident status is not tied to your marriage after the divorce.  To renew a 10 year Green Card, you file an I-90.  To naturalize, you file an N-400 once you qualify.  When you naturalize, you could be asked questions about your marriage.

[Crazy Cat 46,001]

5 minutes ago, tara12 said:

It expires in 2031

How is that possible?  When did you receive the Green Card?

[tara12 1]

I understand now , thank you for clarifying that 

And I received it in 2024, and sorry It expired in 2033 not 2031

[Crazy Cat 46,001]

1 minute ago, tara12 said:

I understand now , thank you for clarifying that 

And I received it in 2024, and sorry It expired in 2033 not 2031

What is the expiration date on the card itself?

[tara12 1]

The expiration date on it is December 2033

[Crazy Cat 46,001]

3 minutes ago, tara12 said:

The expiration date on it is December 2033

Your resident status is not tied to your marriage after the divorce.  To renew a 10 year Green Card, you file an I-90.  To naturalize, you file an N-400 once you qualify...after being a Green Card holder for 5 years.  When you naturalize, you could be asked questions about your marriage.

Edited Monday at 06:11 PM by Crazy Cat

[W199 547]

Your best bet is have someone help you write her a letter or contact her in some way, and to try to come to an agreement on the terms of a divorce. It seems like you don't want anything, so it should be easy.  Then you can her can go and file for an fast path divorce saying you both agree on all the terms.  The local court has all the paperwork and instructions for free. And has free lawyers to help with it too.

 

You can tell her, if she refuses and don't want to agree to terms and file an easy uncomplicated divorce together, a then you will file the divorce yourself, and she will be subponea to court and and made to give a discovery/disposition and subponea to divorce court. It will get messy, nasty, and very expensive and long drawn out for her (and you).    

 

Its in both of your best interests to come to a mutual agreeable set separation agreement that you can present to the judge and ask for a divorce.  If you can do this, you don't need a lawyer or in many cases, or only 1 lawyer or a mediator to help guide you to file the joint paperwork.  Go to the court house and ask for the paperwork.  Else things are going to get expensive, nasty, and drawn out for the both of you.  I'm sure she wants to get rid of you the easies, fastest, and cheapest way. To file for divorce together with agreed terms is the easiest.  Though it can depend on what State you are in

 

 

 

Edited Monday at 06:32 PM by W199