Divorce After GC

ema241

Registered Users (C)
Hi,

I got my GC thru my spouse. Now we decide to get seperated. and my spouse insists on giving me my GC. Can i apply for GC as a stolen GC?
I don't want to get into legal issues with my spouse.

I appreciate your advise .

Thank you in advance.
 
You have to give more info, how long have you been married, is it conditional GC?
 
its not a conditional greencard. Without getting into legal issues(like lawyer or cops), can i get my greencard?
Here's the full story:-
I am trying to work things out, but they are not working.
We don't have proper understanding and everytime there is something i ask my husband,
he plans a trip to India telling that we can discuss in front of elders and he leaves me in India.
This happend couple times and he had my GC, passport and other docs under his parents custody.

Now the same situation arrived again.
I have my job here. and during situations where i was in India(my husband left me in India), my company was wise enough to take me back due to the expertise i have in my field. and i have a good carreer growth.
I never say NO to my husband. He again raised that we should go to India and talk in front of elders.
If that happens, i am sure..he is going to leave me again and i don't want to even plead him to work things out.

So, here are my questions:
1)If i am in India and as usual if my GC, passport are under his parents custody....(they may give me my passport if i request, but not GC)...can i file for request of GC as a stolen or lost? How would i come back to US? I don't want to leave my job which still has lot of opportunities of growth for me.
2)If i argue with my husband on not going to india, can i hire a lawyer to get all my leagal documents from him?
3)We got married in India(7yrs now). Can i divorce him in US?
4)if i go to India, and if situation arises where i stay there for more than 6months...how do i get back to US?

Appreciate your help.
Thank You.
 
Last edited by a moderator:
Hi,

I got my GC thru my spouse. Now we decide to get seperated. and my spouse insists on giving me my GC. Can i apply for GC as a stolen GC?
I don't want to get into legal issues with my spouse.

I appreciate your advise .

Thank you in advance.


I don't understand. Are you saying he is asking you to give GC back to him?
 
no, he did not ask that...
i ask because i never get to keep it with me when we travel. Neither GC or the passport
Note: my first post in this post is in 2006.
was trying to work out things, but did not work
looking on what my options are.
 
Last edited by a moderator:
i ask because i never get to keep it with me when we travel. Neither GC or the passport

If you have a legitimate fear that you will be stranded abroad without your passport or GC, then I am completely amazed that you would consider leaving the US.
 
If you have a legitimate fear that you will be stranded abroad without your passport or GC, then I am completely amazed that you would consider leaving the US

If there is even a 0.01 chance of getting together, i would rather opt for that than opting to get seperated. I know it did not happen the couple of times we went together, but i would still give a try to see if it works (or might not work) this time.
Its hard to give up on a relationship so easily. but if situation comes where you are left with no option, i would like to be prepared for it.
 
There is zero chance of getting together in a non-abusive relationship, as long as he insists on keeping your travel documents away from you.

If he has your GC and won't give it to you, it is stolen and you can report it as such.
 
Either you are not clear or I am not understanding it clearly (onus is on the
2nd one)! How did you travel out of the US if your PP & GC weren't with you?

In any case, your PP and your GC are your possessions and NO ONE can take possession of the same. It is illegal to do so! Go ahead and complain about this with proper evidence at the local Police Station OR call 911 (if you are
in the US).

Your posting is confusing! May be you are confused too much. As I mentioned earlier, you could contact Cops ASAP to get back your documents. Keep them in your possession. They are yours. Only for you.

Good luck
howdy_howdy
//


its not a conditional greencard. Without getting into legal issues(like lawyer or cops), can i get my greencard?
Here's the full story:-
I am trying to work things out, but they are not working.
We don't have proper understanding and everytime there is something i ask my husband,
he plans a trip to India telling that we can discuss in front of elders and he leaves me in India.
This happend couple times and he had my GC, passport and other docs under his parents custody.

Now the same situation arrived again.
I have my job here. and during situations where i was in India(my husband left me in India), my company was wise enough to take me back due to the expertise i have in my field. and i have a good carreer growth.
I never say NO to my husband. He again raised that we should go to India and talk in front of elders.
If that happens, i am sure..he is going to leave me again and i don't want to even plead him to work things out.

So, here are my questions:
1)If i am in India and as usual if my GC, passport are under his parents custody....(they may give me my passport if i request, but not GC)...can i file for request of GC as a stolen or lost? How would i come back to US? I don't want to leave my job which still has lot of opportunities of growth for me.
2)If i argue with my husband on not going to india, can i hire a lawyer to get all my leagal documents from him?
3)We got married in India(7yrs now). Can i divorce him in US?
4)if i go to India, and if situation arises where i stay there for more than 6months...how do i get back to US?

Appreciate your help.
Thank You.
 
Ema241,
Let me get this straight. You are a legal GC holder. Whenever you accompany your husband to India he keeps your passport and GC under his watchful eye (or his parents) and thus keeps you in India for as long as he wants. Am I right? Well that GC belongs to you. Only USCIS can take it off you. You can always call the cops to your house and tell them that your husband is refusing to hand over your passport and GC to you. Trust me, the police will ensure he gives them to you.
 
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law vs. culture

As pointed out, there are legal standards here (like the fact that you own the passport, not your spouse) and then there are the cultural norms that clearly are not typically North American. The social worker in me thinks that you do not really need the advice of immigration junkies (which admittedly we all are) but that you need support in extricating yourself from an abusive relationship (and, no matter what your culture is, you are being deprived of some pretty basic freedoms). I suggest that you contact the local women's shelter and seek counseling. They can help you sort out all of the other details like how to get your documents. You are obviously a bright woman but you need some help.
 
its not a conditional greencard. Without getting into legal issues(like lawyer or cops), can i get my greencard?
Here's the full story:-
I am trying to work things out, but they are not working.
We don't have proper understanding and everytime there is something i ask my husband,
he plans a trip to India telling that we can discuss in front of elders and he leaves me in India.
This happend couple times and he had my GC, passport and other docs under his parents custody.

Now the same situation arrived again.
I have my job here. and during situations where i was in India(my husband left me in India), my company was wise enough to take me back due to the expertise i have in my field. and i have a good carreer growth.
I never say NO to my husband. He again raised that we should go to India and talk in front of elders.
If that happens, i am sure..he is going to leave me again and i don't want to even plead him to work things out.

So, here are my questions:
1)If i am in India and as usual if my GC, passport are under his parents custody....(they may give me my passport if i request, but not GC)...can i file for request of GC as a stolen or lost? How would i come back to US? I don't want to leave my job which still has lot of opportunities of growth for me.
2)If i argue with my husband on not going to india, can i hire a lawyer to get all my leagal documents from him?
3)We got married in India(7yrs now). Can i divorce him in US?
4)if i go to India, and if situation arises where i stay there for more than 6months...how do i get back to US?

Appreciate your help.
Thank You.
sorry about the situation.
I am not a lawyer, but I would think you could file for a divorce, consult an attorney (practicing family law) and most likely he will say that during the divorce process via the court you can ask for all the documents that he has in custody pertaining to you and also any assets that are owned are usually split down the middle.
On your 3rd question, yes you can absolutely divorce him in the US and probably best to do it here as well.
You would absolutely need your GC to come back from India, so best not to go without it being in your hand. Passport alone will not be sufficient.

How long ago did you recieve your GC?
 
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