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  #1  
Old 09-24-2005, 09:42 PM
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Join Date: Sep 2005
Posts: 4

Married in my country but divorced in the US?


What is the name of your state? New York.

My husband who is a US citizen (by naturalization) married me in my country. I have recently got a my Permanent Residence Card with conditional status as it was applied through marriage to him.

He is a resident of New York state.

We have a marriage certificate from my country. The marriage is having problems. Can he divorce me in the US or does he have to divorce me in my country?

Thank you.

Ritzy
  #2  
Old 09-25-2005, 12:59 AM
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Join Date: Sep 2005
Location: over the rainbow!
Posts: 452
Having been through the immigration statuses with my ex, you will lose your temp status and not be able to get permanent residency status in the US. As for the divorce, what country are you from? If you get a divorce in this country it may not be recognized in some countries.
  #3  
Old 09-25-2005, 02:40 AM
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Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by CandiceH
Having been through the immigration statuses with my ex, you will lose your temp status and not be able to get permanent residency status in the US. As for the divorce, what country are you from? If you get a divorce in this country it may not be recognized in some countries.
However that doesn't answer her question. The answer is yes, her husband can divorce her here and the US will certain recognize the divorce.
  #4  
Old 09-25-2005, 07:06 AM
AHA AHA is offline
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Join Date: Mar 2004
Posts: 4,259
Quote:
Originally Posted by CandiceH
Having been through the immigration statuses with my ex, you will lose your temp status and not be able to get permanent residency status in the US. As for the divorce, what country are you from? If you get a divorce in this country it may not be recognized in some countries.
If she has already been granted permanent residency (even conditional) and can prove that the marriage was entered into in good faith, then she can still file to remove the conditions on her own when the time comes. There is no one that can say for sure "you will be deported" or "you can stay".
  #5  
Old 09-27-2005, 07:54 PM
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Join Date: Sep 2005
Posts: 4
NY State

We have an infant child together and now I am afraid to return to the US as he will try to fight the custody of the child as I have no job in the US and I am his dependent. He never opened a bank account for me and he never got me a credit card. Money is not a problem for him as he is very wealthy.

My child has dual citizenship. My child is with me in my home country.

He wants me to return to the US to try to work things out but I do not trust him. I believe if things still don't work out, he will try to divorce me in the US as opposed to divorcing me in my home country where the custody laws support the mother if the child is 7 and below in age. If he divorces me in the US I have no money for a very good lawyer.

Most important to me is to have legal and physical custody over the child.

What should I do?

Please help me.

Last edited by Ritzy; 09-27-2005 at 07:56 PM. Reason: I am his dependent not "he is a dependent" - error in typing
  #6  
Old 09-27-2005, 10:00 PM
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Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by Ritzy
NY State

We have an infant child together and now I am afraid to return to the US as he will try to fight the custody of the child as I have no job in the US and I am his dependent. He never opened a bank account for me and he never got me a credit card. Money is not a problem for him as he is very wealthy.

My child has dual citizenship. My child is with me in my home country.

He wants me to return to the US to try to work things out but I do not trust him. I believe if things still don't work out, he will try to divorce me in the US as opposed to divorcing me in my home country where the custody laws support the mother if the child is 7 and below in age. If he divorces me in the US I have no money for a very good lawyer.

Most important to me is to have legal and physical custody over the child.

What should I do?

Please help me.

Ok...well..then that changes things dramatically. Go get yourself a consult with an attorney in your country. Don't return to the US without doing that.

Where was your child born?....if your child was born in the US, how long have you been in your country with the child?
  #7  
Old 10-01-2005, 02:49 AM
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Join Date: Sep 2005
Posts: 4
NY State

My child was born in my country, has my country's citizenship and later we registered our child's birth abroad of a US citizen at an embassy in my country. So my child now has two citizenships.

If I don't return to the US for now until things settle, when should I apply to have the conditions of my green card removed because if I don't return to the US until things are settled, my green card would have expired. Can I remove the conditions of my green card after the expiry date on my conditional green card.

Please help.

Thank you.
  #8  
Old 10-01-2005, 07:18 AM
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Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by Ritzy
NY State

My child was born in my country, has my country's citizenship and later we registered our child's birth abroad of a US citizen at an embassy in my country. So my child now has two citizenships.

If I don't return to the US for now until things settle, when should I apply to have the conditions of my green card removed because if I don't return to the US until things are settled, my green card would have expired. Can I remove the conditions of my green card after the expiry date on my conditional green card.

Please help.

Thank you.
You would really need a US immigration attorney to answer those questions.

However, its possible that you may need to choose between custody of your child and US residency.

I will tell you, for certain, that if you move to the US with the child, and then you divorce, it will be difficult, if not impossible, to return to your home country with the child. Therefore, if you are unable to remain in the US, either due to immigration issues or financial ones, there is a real probability that you would lose custody of your child.
  #9  
Old 10-04-2005, 12:01 AM
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Join Date: Sep 2005
Posts: 4
State:NY

Thank you for your reply.

The custody of my children is paramount as my husband is addicted to pornography and even subscribes to the Playboy channel. I am worried as to how it will impact the children in terms of the values they will learn. Also, I am concerned as I don't want a day to come where I come to know that he has been acting out his pornography-fuelled depravity on my children. I will never forgive myself then.

By the way, are you a lawyer?

Thank you.

Ritzy
  #10  
Old 10-04-2005, 07:55 AM
Senior Member
 
Join Date: May 2004
Posts: 41,458
Quote:
Originally Posted by Ritzy
State:NY

Thank you for your reply.

The custody of my children is paramount as my husband is addicted to pornography and even subscribes to the Playboy channel. I am worried as to how it will impact the children in terms of the values they will learn. Also, I am concerned as I don't want a day to come where I come to know that he has been acting out his pornography-fuelled depravity on my children. I will never forgive myself then.

By the way, are you a lawyer?

Thank you.

Ritzy
No, I am not an attorney, just an educated layperson.....and someone who both married and got divorced from someone from another country.
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