Benefits of No fault divorse

[Alimyname]

i am fron newyork can you tell me whats are the benefits of no fault divorse or which kind of problem a guy face if he have 2 year conditionsl green card
And her wife file no fault divorse
How he offense on removing condition interview
Cause they dont have joined account neither health care
So how that guy extend his condition with the gelp of no fault divorse
Which kind of evidence they need to provide on that interview

 

[I'mTheFather]

Please don't begin, or post to, any other threads. Keep all your posts in this one.
Thanks

 

[I'mTheFather]

Who are you in this situation? The husband?

 

[I'mTheFather]

Aaaand.... I'm adding this from your other thread before I report it.

I live in newyork, my wife file no fault divorse , her laywer call me today after signing divorse pAper, that he required my SSC , its does not make any sense i give my SSN to her laywer, and is there any legal requirements in divorse submittion of divorse in a court of SSN, can i give him or not, and why they required? Or they can abuse or mis use my SSN, whats are cons of this.

 

[I'mTheFather]

In some states, the SSN is required information for the court. I don't know off-hand if it is in NY. What's your objection to providing it? Surely, your wife knows it.

 

[I'mTheFather]

How long have you been married?

 

[Proserpina]

I'm not so sure. There are people who haven't yet completed the process for residency who may not have a SS# at all - it doesn't stop them from having access to the court system so I'd like to think that one could not be compelled to hand it over.

https://www.ssa.gov/hlp/block-access.htm <--- OP can put a block on electronically accessing his information, but this won't necessarily protect him before anything nefarious has taken place.

 

[Proserpina]

i am fron newyork can you tell me whats are the benefits of no fault divorse or which kind of problem a guy face if he have 2 year conditionsl green card
And her wife file no fault divorse
How he offense on removing condition interview
Cause they dont have joined account neither health care
So how that guy extend his condition with the gelp of no fault divorse
Which kind of evidence they need to provide on that interview

You don't necessarily need your ex's cooperation in order for you to successfully remove the conditions of your residency. See here:

 

[Just Blue]

i am fron newyork can you tell me whats are the benefits of no fault divorse or which kind of problem a guy face if he have 2 year conditionsl green card
And her wife file no fault divorse
How he offense on removing condition interview
Cause they dont have joined account neither health care
So how that guy extend his condition with the gelp of no fault divorse
Which kind of evidence they need to provide on that interview

Divorce. Just putting the correct spelling out there for you.

 

[not2cleverRed]

New York requires your social security number on their forms.

http://nycourts.gov/courthelp//diy/divorce.shtml

Some of this information comes out as well when filling out the Net Worth Statement.

That said, I would be surprised if your wife didn't already have this information somewhere, if you ever living as actual husband and wife.

Due to the short duration of your marriage, the OBVIOUS advantage of an uncontested no fault divorce is that it can be CHEAPER. It is one less thing to argue about in court. Arguing costs money when you have a lawyer involved.

The Advantage of Fault: minimal to none in most cases. However, you are here on a 2 year conditional green card and your wife has filed for divorce. If she was your sponsor and you are irritating enough she might be tempted to drive the point home that yours was never a good faith marriage and allege "cruel and inhumane treatment" or "abandonment". Probably won't get her anywhere, legally, and USCIS probably won't care, but people can get very emotional in a divorce.

So, in your case, no fault is better.

 

[OHRoadwarrior]

Your likelihood of success for citizenship depends highly on whether you both appeared and professed a good valid marriage at the interview. If only one showed up or the relationship was not proved, it is unlikely to happen and you will likely be leaving as soon the divorce goes through. Advantages of no fault divorce depend on where you might be returning to if that happens in part. If for example you are from the Philippines, you will not be able to get the marriage annulled if it happened there. Further immigration does not recognize a US divorce made and consummated in the Philippines unless it has been annulled there. So the gist of this is you need to determine not only the effects on you in the US, but the effects in your home country.

 

[Proserpina]

New York requires your social security number on their forms.

http://nycourts.gov/courthelp//diy/divorce.shtml

Some of this information comes out as well when filling out the Net Worth Statement.

That said, I would be surprised if your wife didn't already have this information somewhere, if you ever living as actual husband and wife.

Due to the short duration of your marriage, the OBVIOUS advantage of an uncontested no fault divorce is that it can be CHEAPER. It is one less thing to argue about in court. Arguing costs money when you have a lawyer involved.

The Advantage of Fault: minimal to none in most cases. However, you are here on a 2 year conditional green card and your wife has filed for divorce. If she was your sponsor and you are irritating enough she might be tempted to drive the point home that yours was never a good faith marriage and allege "cruel and inhumane treatment" or "abandonment". Probably won't get her anywhere, legally, and USCIS probably won't care, but people can get very emotional in a divorce.

So, in your case, no fault is better.

He can also sue her for spousal support under the obligations of the I-864. It's actually in HER best interests - because these waivers are not uncommon - to help him remove the conditions and then help him get citizenship in a couple more years. That way her obligation is gone.

 

[Proserpina]

Your likelihood of success for citizenship depends highly on whether you both appeared and professed a good valid marriage at the interview. If only one showed up or the relationship was not proved, it is unlikely to happen and you will likely be leaving as soon the divorce goes through. Advantages of no fault divorce depend on where you might be returning to if that happens in part. If for example you are from the Philippines, you will not be able to get the marriage annulled if it happened there. Further immigration does not recognize a US divorce made and consummated in the Philippines unless it has been annulled there. So the gist of this is you need to determine not only the effects on you in the US, but the effects in your home country.

He said not a thing about citizenship.

If he attends the interview alone, it's actually more likely than not that he'll be here to stay. He has already "passed" the critical interview. We're not going to pretend that USCIS is unaware of how far a vindictive spouse will go to ruin his/her immigrant spouse's life as much as possible, right?

It's not a given that he'd even be asked to attend a second interview at all.

 

[OHRoadwarrior]

The bottom line is that interview is the critical part. If the spouse does not show up, chances are you are going home when the divorce is completed. I was simply trying to give him the background issues he should be researching before agreeing to a no fault amicable divorce with both filing vs making her file against him so he has not been a party to it and suffers ramifications from his home country of which we know not. When the spouse does not appear at the 2 year interview to say what agreat marriage we are having together, it is usually assumed the marriage did not make the minimum time as a valid marriage or they would have appeared.

 

[not2cleverRed]

He can also sue her for spousal support under the obligations of the I-864. It's actually in HER best interests - because these waivers are not uncommon - to help him remove the conditions and then help him get citizenship in a couple more years. That way her obligation is gone.

OP has a conditional green card, having been married less than 2 years.

His wife is filing no fault - she's not claiming that it wasn't a good faith marriage. She is not trying for abandonment or cruel and unusual punishment, for example, which could hurt his claim that it was a good faith marriage. This is to his advantage.

That said, they don't have joint accounts. Apparently the wife does not have access to his SSN. We don't even know if they ever lived together or if this were indeed a good faith marriage on husband's part. Frankly, it doesn't sound like it. "Less than 2 years" could mean 1 week or 23 months.