Able to safely file for divorce?

[Cheezehead]

What is the name of your state? Wisconsin

Hello, It seems I posted in the wrong forum, no one seems to have an answer so we'll try this one. A friend needs to divorce her husband, she is a UK citizen living in the US, and has been for several years. She entered legally and is now "out of status", so she is afraid to file for divorce. She was told she can file here without fear of being made to leave. She has been separated from her husband for years, and now wants to divorce because she met Mr. Right, finally, and they want to be married. She is so afraid, though. Her life is here and she doesn't want to lose it. Any help will be appreciated!

[LdiJ]

Originally Posted by Cheezehead

What is the name of your state? Wisconsin

Hello, It seems I posted in the wrong forum, no one seems to have an answer so we'll try this one. A friend needs to divorce her husband, she is a UK citizen living in the US, and has been for several years. She entered legally and is now "out of status", so she is afraid to file for divorce. She was told she can file here without fear of being made to leave. She has been separated from her husband for years, and now wants to divorce because she met Mr. Right, finally, and they want to be married. She is so afraid, though. Her life is here and she doesn't want to lose it. Any help will be appreciated!

If her husband is likely to make a big stink about things she could possibly get deported...whether she files for divorce or not.

If her husband isn't bitter, and wants the divorce as well, then it may not be a problem.

[Ohiogal]

She needs to speak to an immigration attorney who is well versed in domestic issues.

[Cheezehead]

Thank you for helping. The husband isn't going to make a problem, but they can't afford an attorney. The divorce papers from the courthouse ask for a social security number, so we don't know what to do.

[LdiJ]

Originally Posted by Cheezehead

Thank you for helping. The husband isn't going to make a problem, but they can't afford an attorney. The divorce papers from the courthouse ask for a social security number, so we don't know what to do.

Does she work? Did she receive a W2? If so, she could file a federal tax return and apply for an ITIN number at the same time (and no, that won't get her deported, the IRS WANTS illegal aliens who are working to file income tax returns, therefore they don't share that information with the INS). The ITIN number acts as a substitute for an SSN. She could use the ITIN number when filing for divorce.

It would take about 4-5 weeks for her to receive the ITIN number.

[Cheezehead]

Is she able to file for an ITIN number even though she is out of status? She does not work.

[LdiJ]

Originally Posted by Cheezehead

Is she able to file for an ITIN number even though she is out of status? She does not work.

Normally it requires that a tax return be filed. Her husband could file jointly with her and they could apply for an ITIN number for her in conjunction with that tax return. He could even amend past tax returns to include her (for the years they were married), which could be to his advantage.

Otherwise, there are some banks (Fifth Third Bank in particular, if you are in an area where they are located) who can help customers apply for ITIN numbers when they open a bank account.

[AHA]

She can't stay in the US based on having BEEN married to a USC. If she has been married for years, she should have done the Adjustment of Status and gotten her Green Card that she might have been able to keep after the divorce, depending on how long they were married. She now has no grounds to be allowed to stay here unless she remarries another USC and file for AOS.
Filing for taxes does not make her legal and does not give her the ok to remain in the US after the divorce. Filing taxes is a whole other issue.

[Ohiogal]

Originally Posted by LdiJ

Normally it requires that a tax return be filed. Her husband could file jointly with her and they could apply for an ITIN number for her in conjunction with that tax return. He could even amend past tax returns to include her (for the years they were married), which could be to his advantage.

Otherwise, there are some banks (Fifth Third Bank in particular, if you are in an area where they are located) who can help customers apply for ITIN numbers when they open a bank account.

And banks need proof the person is in the country LEGALLY before they can open an account POST 9/11.

[Cheezehead]

I've only just been able to get back online, so wasn't able to clarify before now. She is not married to a US citizen, her husband is a UK citizen, will not create a problem with giving her a divorce but isn't willing to do the work to get it either. She wants to marry a US citizen, as soon as they are able. They are still in need of advice, and would appreciate the help.

[LdiJ]

Originally Posted by Ohiogal

And banks need proof the person is in the country LEGALLY before they can open an account POST 9/11.

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Sorry Ohiogal but that isn't true. Banks can also open an account with an ITIN number.

[LdiJ]

Originally Posted by Cheezehead

I've only just been able to get back online, so wasn't able to clarify before now. She is not married to a US citizen, her husband is a UK citizen, will not create a problem with giving her a divorce but isn't willing to do the work to get it either. She wants to marry a US citizen, as soon as they are able. They are still in need of advice, and would appreciate the help.

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She really should get a consult with an immigration attorney.