Divorce on L2 visa, debt.

[Aruna77]

What is the name of your state (only U.S. law)? California

I'm British and still have a British passport. I'm in the US on an L2 visa, linked to my husband's L1 visa through my marriage in the UK to him. I want to divorce him because I don't love him anymore. I also have a boyfriend who is a US citizen.

We have no children and no property. We've been married since March 07.

I'm aware there are two possible routes - divorce through the UK courts or divorce through the US courts. I'm not sure which one would be the better route (by better I mean cheaper/faster).

My husband is taking this very badly. Sometimes he says he wants to keep this all as civil as possible and other times he threatens me with things. Just today he told me that the immigration lawyers at his work are looking at annulling my L2 visa extension (it was recently extended by 2 years to July 2013). Can they do this?! Everywhere I've read says that until the divorce is final, my L2 visa remains unaffected.

The other thing he says he'll do is move back to the UK, which would invalidate (presumably) his L1 visa and thereby invalidate my L2, meaning I'd have to leave also. Is that what would happen?

A divorce in California takes at least 6 months. A divorce through the British courts takes between 4 and 6 months if uncontested. My husband is talking about leaving for the UK within a very short period of time. If that happened, I'm assuming I'd have to move back until the divorce came through, thereby losing my job, then come back to the US and marry my boyfriend. Would I be able to switch to a tourist visa on the invalidation of my L2 and just be unemployed until the divorce came through, then marry my boyfriend?

Also, we have credit card debt. During our marriage, we had a joint bank account. We've accrued $8,500 on our credit cards, which I was unaware of. I let my husband handle the finances (which I greatly regret) and always asked before making major purchases (above $40), to which his reply was it was all fine. He's now expecting me to help repay this debt, when he earns $22 an hour and I earn $9. How much am I obligated to repay, and would fighting over this affect the speed of the divorce?

Thanks in advance for any help you may be able to give. This is a hugely difficult time and any help would be so greatly appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? California

I'm British and still have a British passport. I'm in the US on an L2 visa, linked to my husband's L1 visa through my marriage in the UK to him. I want to divorce him because I don't love him anymore. I also have a boyfriend who is a US citizen.

Okay.

We have no children and no property. We've been married since March 07.

Okay.

I'm aware there are two possible routes - divorce through the UK courts or divorce through the US courts. I'm not sure which one would be the better route (by better I mean cheaper/faster).

That's going to be up to you to decide.

My husband is taking this very badly.

Well, you're screwing around on him - you kind of should expect a bit of backlash, y'know?

Sometimes he says he wants to keep this all as civil as possible and other times he threatens me with things. Just today he told me that the immigration lawyers at his work are looking at annulling my L2 visa extension (it was recently extended by 2 years to July 2013). Can they do this?! Everywhere I've read says that until the divorce is final, my L2 visa remains unaffected.

You are correct. Your L2 status will last until the divorce is finalized (assuming you both remain in the US)

The other thing he says he'll do is move back to the UK, which would invalidate (presumably) his L1 visa and thereby invalidate my L2, meaning I'd have to leave also. Is that what would happen?

You would be out of status, yes.

A divorce in California takes at least 6 months. A divorce through the British courts takes between 4 and 6 months if uncontested. My husband is talking about leaving for the UK within a very short period of time. If that happened, I'm assuming I'd have to move back until the divorce came through, thereby losing my job, then come back to the US and marry my boyfriend.

If he moves back, your L2 status is gone. You would be out of status.

Would I be able to switch to a tourist visa on the invalidation of my L2 and just be unemployed until the divorce came through, then marry my boyfriend?

No, you can't do that. A K1 would be MUCH easier! Have your boyfriend apply (once you're back in the UK) for your K1 when the divorce is finalized. Much simpler.

Also, we have credit card debt. During our marriage, we had a joint bank account. We've accrued $8,500 on our credit cards, which I was unaware of. I let my husband handle the finances (which I greatly regret) and always asked before making major purchases (above $40), to which his reply was it was all fine. He's now expecting me to help repay this debt, when he earns $22 an hour and I earn $9. How much am I obligated to repay, and would fighting over this affect the speed of the divorce?

California is a community property state.

http://www.divorcenet.com/states/california/dividing_the_debts_in_divorce#b

Thanks in advance for any help you may be able to give. This is a hugely difficult time and any help would be so greatly appreciated.

You're welcome.

(I honestly think you need an attorney - not a message board)

 

[OHRoadwarrior]

It is very difficult for you to cheat on your husband? Why, do you dislike adulterers? I suggest you stop sleeping around and pay off your bills, while you work on your marriage.

 

[Aruna77]

It is very difficult for you to cheat on your husband? Why, do you dislike adulterers? I suggest you stop sleeping around and pay off your bills, while you work on your marriage.

Thanks for being so judgemental. Actually my husband and I had been in an open relationship for the past 6 years so he was and is fully aware of my boyfriend.

 

[Proserpina]

Thanks for being so judgemental. Actually my husband and I had been in an open relationship for the past 6 years so he was and is fully aware of my boyfriend.

That's why he's taking it so badly, obviously.

 

[Aruna77]

That's why he's taking it so badly, obviously.

He's taking it badly because he says he still loves me. I don't love him any more. That's got to be hard. I understand that. It just concerns me that his hurt will make him do something rash that makes this whole thing much harder.

Thanks for the help you gave earlier.

 

[Proserpina]

He's taking it badly because he says he still loves me. I don't love him any more. That's got to be hard. I understand that. It just concerns me that his hurt will make him do something rash that makes this whole thing much harder.

Thanks for the help you gave earlier.

Are you and your boyfriend aware of the ramifications of him (or anyone else, really) sponsoring your residency in the US?

(I am - for what it is worth - a UK citizen living in the US who has gone through the process)

Sponsorship is NOT to be taken lightly. Please, if you do nothing else, make him aware of his obligation.

 

[Aruna77]

Are you and your boyfriend aware of the ramifications of him (or anyone else, really) sponsoring your residency in the US?

(I am - for what it is worth - a UK citizen living in the US who has gone through the process)

Sponsorship is NOT to be taken lightly. Please, if you do nothing else, make him aware of his obligation.

Thanks again. Yes, he's aware of his obligation. If you have any tips or warnings about potential pitfalls though, it would be very helpful.

 

[mistoffolees]

Thanks again. Yes, he's aware of his obligation. If you have any tips or warnings about potential pitfalls though, it would be very helpful.

You mean besides the obvious one where he agrees to support you indefinitely and then finds out that you've tired of him and have a new boyfriend you're messing around with?

 

[OHRoadwarrior]

Thanks for being so judgemental. Actually my husband and I had been in an open relationship for the past 6 years so he was and is fully aware of my boyfriend.

I have been in an open relationship for well over a decade. There are rules, you broke them. The biggest rule is you do not allow sex to breakup your marriage. Another is you stop seeing someone, if it interferes with your marital responsibilities or makes your partner uncomfortable. You are an adultress.

 

[Proserpina]

You mean besides the obvious one where he agrees to support you indefinitely and then finds out that you've tired of him and have a new boyfriend you're messing around with?

Mmmhmmm! That's the one!