I-485, seperation & divorce

1

1victim

Registered Users (C)
Hi Gurus,

Here is my situation, I-140 approved last year april, I-485 pending since that time. My marriage has been going through some difficult times since a very long time, I had been hoping things will get better but they dont seem to. I have lost all my hopes and want to know the following:

1. what happens to my GC if we were seperated ? I am assuming this can affect my wife's GC and not mine. am I right ?

2. We were married in India, as per Hindu Marriage tradition. We also got a marriage certificate right before applyiing our I-485 from India. So if we do get seperated and my wife leaves US for India, Does US law come into play here or the Indian laws to determine "seperation"/"divorce".

3. I dont want my spouse to lose her GreenCard as we have a child involved in this marriage. My hope is that if my spouse ends up living with her relatives in US, I will get to see my child somehow once in a while.

4. All these years of waiting for my GC, I have been sufferring in my life as our relationship gets worse and I end up developing more attachment to my child. When can I call the shots for a seperation or a divorce in order to avoid jeopardizing our GreenCard?

I appreciate any help.
Regards.
 
1victim said:
1. what happens to my GC if we were seperated ? I am assuming this can
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You GC won't be affected. It can affect her GC - in case there is any RFE to prove the relationship. However, just mere separation is not enough for USCIS to make any decision. Probably they will keep her I-485 in limbo state for a while. To make decision they need official divorce (and that's why probably they will prefer to wait). But many cases are approved without any RFE regarding relationship. So there is a god chance that she will be approved without any hurdle, but you never know.


1victim said:
2. We were married in India, as per Hindu Marriage tradition. We also got a marriage certificate right before applyiing our I-485 from India. So if we do get seperated and my wife leaves US for India, Does US law come into play here or the Indian laws to determine "seperation"/"divorce".
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It depends. If she files for divorce in India, then Indian rule applies. If you (or she) files for divorce in US, then US state rule applies. It really does not where you got married.

1victim said:
3. I dont want my spouse to lose her GreenCard as we have a child involved in this marriage. My hope is that if my spouse ends up living with her relatives in US, I will get to see my child somehow once in a while.

4. All these years of waiting for my GC, I have been sufferring in my life as our relationship gets worse and I end up developing more attachment to my child. When can I call the shots for a seperation or a divorce in order to avoid jeopardizing our GreenCard?
Click to expand...

Normally for this kind of situations, it's safer to get separated and divorced after GC approval.
 
1victim said:
Hi Gurus,

Here is my situation, I-140 approved last year april, I-485 pending since that time. My marriage has been going through some difficult times since a very long time, I had been hoping things will get better but they dont seem to. I have lost all my hopes and want to know the following:

1. what happens to my GC if we were seperated ? I am assuming this can affect my wife's GC and not mine. am I right ?
----- correct, if you take divorce before I-485 approval, she will not get her GC through you, no problem for your GC
2. We were married in India, as per Hindu Marriage tradition. We also got a marriage certificate right before applyiing our I-485 from India. So if we do get seperated and my wife leaves US for India, Does US law come into play here or the Indian laws to determine "seperation"/"divorce".
----- if she goes to India and then file for divorce then India law. if file divorce in US then US law
3. I dont want my spouse to lose her GreenCard as we have a child involved in this marriage. My hope is that if my spouse ends up living with her relatives in US, I will get to see my child somehow once in a while.
------- Dont file for divorce(you or She) Before you both get GC, so that she can stay in US with GC if she likes.
4. All these years of waiting for my GC, I have been sufferring in my life as our relationship gets worse and I end up developing more attachment to my child.
--natural
When can I call the shots for a seperation or a divorce in order to avoid jeopardizing our GreenCard?
----- After YOU and She gets GC, I think you may have to pay monthly for the child.
** if possible try to find out the reason for the problems and try to solve them with the help of relatives/friends, becase the child is going to miss you and it may not be normal developement of the child as the child needs care affection of both the parents.
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Pralay and ginnu,

Thank you very much. Please read below..

ginnu said:
1victim said:
Hi Gurus,

Here is my situation, I-140 approved last year april, I-485 pending since that time. My marriage has been going through some difficult times since a very long time, I had been hoping things will get better but they dont seem to. I have lost all my hopes and want to know the following:

1. what happens to my GC if we were seperated ? I am assuming this can affect my wife's GC and not mine. am I right ?
----- correct, if you take divorce before I-485 approval, she will not get her GC through you, no problem for your GC
2. We were married in India, as per Hindu Marriage tradition. We also got a marriage certificate right before applyiing our I-485 from India. So if we do get seperated and my wife leaves US for India, Does US law come into play here or the Indian laws to determine "seperation"/"divorce".
----- if she goes to India and then file for divorce then India law. if file divorce in US then US law

>>>>> what if we ONLY get seperated and she goes back to India after our finger prints ? Is it required that she live in US and with me, until she gets GC ? I have heard that for some states, if you are seperated for more than one year, you are automatically divorced..(pralay, I had read some related posts of yours ) what if I get an interview call in the meantime ?

3. I dont want my spouse to lose her GreenCard as we have a child involved in this marriage. My hope is that if my spouse ends up living with her relatives in US, I will get to see my child somehow once in a while.
------- Dont file for divorce(you or She) Before you both get GC, so that she can stay in US with GC if she likes.
4. All these years of waiting for my GC, I have been sufferring in my life as our relationship gets worse and I end up developing more attachment to my child.
--natural
When can I call the shots for a seperation or a divorce in order to avoid jeopardizing our GreenCard?
----- After YOU and She gets GC, I think you may have to pay monthly for the child.

>>>>> I am assuming, you meant "alimony", Is there a minimum I need to pay or any related guidelines with regard to this ?

** if possible try to find out the reason for the problems and try to solve them with the help of relatives/friends, becase the child is going to miss you and it may not be normal developement of the child as the child needs care affection of both the parents.
>>>>>> ginnu, I appreciate your concern, I used to say the same thing, but I cant believe I landed myself in this mess...all those who are doing great: please appreciate your wonderful lives and your partners! it is for the Child that I want my spouse to have the GC, so that I can visit my child often...
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As a sidenote, is there any law here in US that does not let me raise the child ? do you guys know anything about my rights, how often I can see, visit or take my child with me ? The child is currently 3 yrs old. God, I cant believe I am writing all this... :confused:
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1victim said:
As a sidenote, is there any law here in US that does not let me raise the child ? do you guys know anything about my rights, how often I can see, visit or take my child with me ? The child is currently 3 yrs old. God, I cant believe I am writing all this... :confused:
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Custody law varies state to state and depends on the court. If one of the parents is "unfit" to raise the child, he/she can be barred from raising child - or even visiting child. But in general judge gives the custody to someone whoever is most suitable for raising the child and the other parent gets visiting rights. And, also child's own intention matters (and most of the cases it's mother). This is not the right forum to discuss all thse matter. Many local authorities in some states (city/county/state agencies) provide free help and councelling regarding these kinds of issues. I would recommand you to seek help/councelling and then if possible attorney's help too.
 
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Friend, GC or No GC. Divorce is trouble. your spouse will not be staying at relatives, either she is well paid else you will be paying for her and the child too. You will not be able to read her innocent mind.
 
I couldn't help replying to this post. Forgive me if you think I shouldn't be giving you personal advice.
Why don't you try living separately for a couple of months without getting a divorce. This will give both of you time to reconsider your decision. If you still want a divorce then you can go ahead after getting the GC.
 
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