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Divorce while conditions removal pending

Discussion in 'Life After The Green Card' started by NewMom, Oct 31, 2004.

  1. NewMom

    NewMom Registered Users (C)

    My US citizen husband and I got married "in good faith" 4 years ago in my homecountry, and I got the conditional GC 3 years ago when we came here. We filed the petition to remove conditional status 1 year ago, but it is still pending. Meanwhile, I had a baby 6 months ago, and my husband and I got separated about a month ago due to him going nuts (was diagnosed as having a psychotic episode with paranoia by a psychiatrist) and starting to drink heavily. My husband has never abused me or our baby, but in his psychotic state he started accusing me of marrying him just to get over here. It's not like our marriage was perfect all along, we had our share of problems. I am filling out the divorce papers (haven't filed them yet), and I had several questions:
    1. What happens to the petition we filed a year ago. Do I just let it go and see what happens, or do I need to resubmit a petition for a waiver now or something? I am sure I could provide sufficient reasons for divorcing my husband if I need to file for a waiver, but I doubt I would have enough prove of "good faith" in marrying him, as even my own family was doubting my reasons for that. What can I tell you, I guess sometimes you just don't think clearly...
    2. I moved out of our house, so the address has changed. Do I file a form for change of address now or what do I do?
    3. I don't really care that much if I'm deported, as I have been thinking about moving back to my homecountry myself, but I don't want to be separated from my baby even for a day (my baby is a US citizen). I don't want to have any deportation procedings against me where I am put in jail or something like that, or ordered to leave the country and leave my baby here with my husband or whoever else. This is the thing that scares me the most in this situation. Can this really happen? Can they order me to leave and keep my baby here in my husband's or the state's custody?
    As you can see, the whole thing is a total mess and I just don't know what to do. I can't afford a lawyer, as I earn barely enough to cover our rent and living expenses. Can anyone here give me some advice on what to do? Thanks!
  2. notxer

    notxer Registered Users (C)

    Well I can't comment on the procedures or legalities, as you say I'm sure you have a case with sufficient evidence.

    As for the "good faith" part, I don't think there is any issue, in spite of the fact of you now questioning yourself. You had a baby with him, it would be a rare person who has a "sham" marriage to someone and then has a baby. It appears to me that you had full intentions of being with this person. I don't know what criteria they look at but that is pretty compelling. As for your family etc making accusations to you in reference that, shame on them. Given what you have gone through and are going through, they need to be supportive.

    The best advice is to go to a qualified immigration attorney.

    Good luck and hang in there.
  3. sadiq

    sadiq Registered Users (C)

    NewMom,

    1. Since you have moved out, make sure you file an AR-11. It is an address change form and is required for all all green card holders.

    2. Document as much as you can about your husbands situation. Do you have a copy of the diagnosis? If not, at least make sure you know who is clinician was and what is phone number was?

    3. Write down as much as you can about your husbands behavior. You may need it for future reference.

    4. NOW (National Organization for Women) has a program for Immigrant Women who are battered. Although this may not apply to you, they may be able to give you some advice or point you to support groups. Their webpage and contact information is:
    http://www.nowldef.org/html/issues/imm/index.shtml
    Tel Number: 202-326-0040

    5. In child custody cases the primary care giver is usually awarded physical custody (at least in Washington state). Custody/divorce laws vary across states with issues like alimony, child support, and community property. It would depend on your state and situation.
    email: iwp@nowldef.org.

    Good luck and let us know how things turn out.

    rgds,
    sadiq

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