My relative is forced to take divorce after 1 month of marriage.

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vsshah

Registered Users (C)
Guys,

I am sharing one sad story and seeking your advice.

My relative(US Citizen) went to India and got married(with all relatives and pictures/movies) in December 2009. She stayed there for 90+ days, and filed GC for her husband. Then she came back to USA. Then her husband got call from US Embassy in India. Got everything and he came to USA on GC in June 2010.

They got some disputes in USA now. Guy is not ready to stay with her. He is living at some other relative's place, and now asking for divorce. May be his intention was not good. Just GC was the intention.

If they get divorced today, then will he be able to get GC (removal of condition) after 2 years?
Or can we prove his bad intention during divorce process, which can help to stop condition removal in future?

Thanks,
 
The fact that he is not living with her in the US definitely suggests that the marriage was for an immigration benefit alone. She should immediately file for (or repond ) for divorce; she should ask for sole possession of her residence to prevent him from moving in. It would be good if she could find a family law attorney familiar with immigration issues as well to assist her with the GC problem as well.
 
Its sad, he might be able to get a waiver after two years claiming he entered the marriage in good faith or claiming she was a control freak, crazy whatever he will say anything to have his conditions removed two years later, she should contact ICE immediately make a detailed report so it can be made a part of the husband's A-File. As of now he has a legal status to live in this country legally for atleast two years.
 
Your relative should divorce this man and move on with her life. Let him deal with USCIS with regards to removing conditions from his PR status.

vsshah said:
If they get divorced today, then will he be able to get GC (removal of condition) after 2 years?
Or can we prove his bad intention during divorce process, which can help to stop condition removal in future?
Click to expand...
 
She should try to get the marriage annulled if she can. That would make it easier for her to protect her assets and income form him, and make it harder for him to remove conditions from his GC. But she shouldn't let him know that. If the guy knows the consequences of divorce or annulment affecting his GC, he might try to find a way to extend the marriage for 2 years.
 
What am I missing? She got married in Dec 09 - that's about 7 months - not 1 month.
Either way, if he wants a divorce, she should just go ahead and do it, then move on with her life. If she wants' she can write a letter to USCIS, mentioning the A-number and the I-130 case number, stating that she now suspects the marriage was for a GC. What happens to him shouldn't be her concern at all.
 
Thanks all.

Yes. It is 7 months of marriage. But, all things started after entering in USA. So, his intentions might be suspectful.
 
I agree with Jackolantern's advice for annulment.

Annulment is the best solution, rather than divorce. It appears that the groom's only intention was to marry USC for immigration benefit. Annulment based on fraud (immigration intent) claim marital fraud to circumvent U.S. immigration laws.
 
Annulments are more difficult and expensive than divorces. A consultation with a family law attorney - which should be used for the divorce although it is possible to do a do-it-yourself divorce - should be taken immediately. It is essential that she get sole residency in her home dictated by a judge, otherwise he can move into it without the police having the authority to prevent it. She needs to physically protect herself at this time. She should not see him alone as it is possible for men as well as women to claim domestic abuse in order to obtain a GC.
 
Concerned4us said:
Annulments are more difficult and expensive than divorces.
Click to expand...

Sometimes annulment is faster and cheaper than divorce if the facts strongly support the annulment option. That seems to be the case here; annulment for this will be not as difficult as trying to get an annulment for a 2-year old marriage where the couple was living together for a year. Of course, she should consult a family lawyer to explore the pros and cons and risks and benefits of both options.
 
Sorry to bug you guys again. Husband went back to India in december(thats what he said so, but not confirmed). Is there any way, to get divorce from one side/way. As husband is not available by any contact? Husband's relatives are threatening her that, marriage took place in India(court registration etc.). They will file petition in India's court. Is it possible to do so? She is ready to return all ornaments(what she got from in-laws during marriage) too. What other options she have? Thanks..
 
She needs a family law attorney with experience with the spouse being abroad. It is possible for her to obtain a US divorce with him in India but the simple uncontested procedures will not be followed and the assistance of an attorney is essential.

Have her contact her local bar association for assistance in locating a person with the proper experience.

She should not have any more contact with him or his family without advice from her attorney.
 
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