Need an advice regarding the Divorce for a friend

I

infok

Registered Users (C)
One of my friend\'s husband has been threatening her with divorce and planning to cancel her I-485. They filed I-485 couple of months back and both of them got their EAD/AP. They have an 8 month old baby born in US. She is planning to see an attorney. But before she see an attorney she wants to find few things.

If he cancels her I-485 in the middle what options she has?

Are there any ways that she can continue her I-485 and get her Green Card?

What happens to the baby? Who gets the custody of the baby?

Can someone give suggestions?

Thanks
 
No Title

She might not get her green card as well as the baby because she is the dependent
She is not working then how can she support the baby (this is not my question the judge will ask).

She got her EAD then is she working if so she might have a chance. But consult a good immigration lawyer.

It is easy for me to say sort out the differences and be together. I do not know what is the exact situation. All I can say they both have brought a baby into this world be responsible, here the baby is the big loooooser.
 
Need info on applying for divorce

Hi guys,
          I need some information regarding applying for divorce. One of my friend got his gc stamped on his passport four months ago and he his actually waiting for the plastic cards. And know his wife through whom he is getting the gc is planning to apply for divorce. So i have couple of questions.

1. Does this mean that he will be having his green card even if his wife files for divorce before he get\'s his plastic card.
2. Will he be loosing his green card.

Please advice

thanks
john
 
She may loose both :-(

Its better to sort out the issues with Husband ans see how it works. Its a matter of her child also, and usually Laws favor the one who can take best care of the child. We all know Mom could take best care of her child but law look into other matter like financial issues.

Her husband doesn\'t sound like a nice guy but he is not going to gain anything by cancelling her GC process so he should agree on not to cancel her GC process. He must take into account of his child as well. He will be in bad shape if he does too bad with the mom of his child.

But you know law look into the factor of Finances in Big way.

Good luck to your friend.
 
He should be fine . Please read on.

I\'m no expert but based on the knowledge gain via these boards, he is fine from the day he got his passport stamped.

If it is not the case of marriage with a USA citizen. In that case the marriage has to survive at least two years.

But if its an GC through spouse based on Employement, he has no problems at all.

still he may consult an attorney, one hour $75 is not a big deal I suppose.

good luck.
 
To "infoK" and "John Main"

InfoK:

Don\'t rely on the answers from here. After all she\'s going to visit her attorney. Immigration+Divorce, twice tough :) My answer will be a negative one: no, no, no.

John Main:

If your friend doesn\'t even know what exactly permanent residency is, he may deserve a divorce :) Kidding. You are a citizen of a country, right? Let\'s say your passport has expired, then are you still that country\'s citizen or not?

OK, if it was true that you have to be the hus/wife of the one through whom you have got your green card all through your life to maintain your PR status, do you think it\'s humane? Do you think that\'s the law of US?

If we can think for even 1 minute before posting our questions, this forum will be more focused on real good questions.
 
Don\'t blame that man!

Divorce is a very complicated tough issue of human beings. Don\'t blame any one involved. They have their reasons. We don\'t know what the wife had done to her husband. In this world (excluding Taliban Afhanistan and some other countries), men are burdened as least the same with women. I say "at least". Actually I think being a man is harder, to bear a lot more responsibilities and pressure.
 
do not agree with henrysh

I think that man-women relations are a complicated affair,
irresp. of your culture, country, beliefs etc. It all depends
on the individual case. I know my wife endures a lot of stress
happily, staying home taking care of our baby and not having
any other relatives is US. But we both try to make our life
better by helping each other. We do fight a lot, but the basic
essence of our relation, love, is always there, and I think as
long as that is there, you can work out other things/issues, no
matter how bad it is.
Anyway, answering InfoK\'s question, the baby is US born and a
US citizen, even though they might not have applied for his passport.
They need not worry about his legal status is US. He can stay here
as long as he wants. Assuming the husband was on H1, since you say
they both got EAD/AP together, so he did not have a gc or citizenship,
he cannot cancel her I485 as long as she is his dependant. The divorce needs to go thru without gc getting approved to do that.
Unfortunalely, US laws, esp California, favor women for divorce. So, he wife will get percentage of his pay, at times as much as 66%, towards her expenses as well as the baby. If they own house, stocks is US and are held as "Community Property", a must for married people in CA, they have to share profits, if any. Losses are man\'s headache. And after getting the alimony, your friend should be able to take care of herself and her baby. She will also get the custody of the baby, since he is small.
Having said all this, I would like them to think about the baby. Babies with one parent go thru a lot of pain and confusion. Their life is their\'s to destroy and play around as long as a third person is not there. But once he is born, he has the biggest say. And if he could speak, I\'m sure he\'ll want both mom and papa.
 
I really appreciate the depth of understaning in viv12 posting.

I really appreciate the depth of understaning in viv12 posting. Hopefully it will help your friend pretty well.

Offcourse she should seek attorney help anyway.

thank viv12.
 
She doesn\'t have to worry that much..

Especially if she\'s in California- I believe divorce laws here (and lot of other states) lean more towards women. She\'s not working- but that\'s why we have the term "Child Support". She\'d be in a better position to get the child because
1. She\'s a mother of an infant! There is no way the Dad will be able to provide the same care as the mom. Especially when the Dad is working full-time.
2. If you look at the statistics (history), most divorce result in mother getting custody of her children.
3. Because the baby was born in the United States, there is a law (I\'m quite sure) which allows a parent to work here in the USA to support for his/her American Citizen child. I believe it falls under "hardship/financial hardship" category. You\'d have to look up on the internet or ask some lawyer for more info on it.

BUT, I\'m not a lawyer, neither am I an expert on divorce (yaikes!). So please don\'t put all your eggs in one basket.. consulting a lawyer is the best (even an INS lawyer probably would be helpful in giving a rough idea).

Just wanted to give some encouraging advice- ask your friend not to take bs from him, and to get her self-confidence in gears! There is no point in kissing up to that clown because it aint going to change over time- it\'d just get worse. Your friend is fortunate that this is the United States and she\'s got a lot of options. I don\'t see any advantage in trying to patch things with a clown who comes down to a level of threatening his own wife! One big disadvantage to all this I see is a toll on the child.. but he/she\'ll be alright.

I\'m assuming that your friend\'s husband is a desi.. if yea, I\'ve heard of many Desi\'s (men) who have this problem of controlling/threatening their wives! Report that idiot to one of those women\'s rights/anti-abuse groups.. ;o)
Good luck to you/your friend.
- Just a desi (man) with his head straight.
 
Why he decided to divorce

Probably your friend cheated him by telling some fake information before marriage or the behaviour after marriage..she stayed throughout her life in India...now she doesn\'t want to go back....seems a fishy behaviour

Your friend is not going to get alimony throughout the life, she has to support herself...she has to work

Regarding child support he can asks for all receipts whatever she spends on child....
 
Why would he brought her to USA if he has to file for divorce??

Yeah I fully agree with xx567. There is a mad craze among the girls in India to come to US by using whatever means in their capacity? One of them is to respond to the matrimonial ads of the H1 groom (posted by the groom parents) by giving totally false information about their education. In most cases parents just trust whatever info is provided; as the groom visits India only for a short period of time and wants to get married to a "so called LOYAL TO HUSBAND" indian girl; (which of course is a thing of past). These girls know that it is almost impossible to enter US with the legal approach. So marriage to an H1B is an easy way out to make an entry to US; like a piece of cake. And that\'s why we see so many cases of divorces popping up and in most of the cases will be initiated by H1B husbands; once they come to know about OTHER FACE OF DISHONEST/UNFAITHFUL INDIAN GIRL. IF THE GUY KNEW UPFRONT ABOUT THE EVIL IN THE GIRL; HE WOULD HAVE NEVER MARRIED TO HER AND WOULD NEVER TAKEN HER TO THE US CONSULATE FOR THE GRANT OF H4 VISA AND WOULD HAVE NEVER BROUGHT HER TO US. WATCH OUT FUTURE GROOMS THERE IS SOME GIRL OUT THERE WAITING FOR YOU IN INDIA TO RUIN YOUR LIFE AND SHE WILL USE YOUR MARRIAGE TO COME TO THIS COUNTRY. MARRIAGE IS JUST A ANOTHER BUSINESS DEAL !!
 
If you don\'t have anything bright to type...

just save your energy... You two sound like a bunch of those "fresh-off-the-boat" type.. straight from India! Dude wake up and smell fungus growing on your feet- this is the United States, not a 4x4 cell that you might have popped out of.. things work differently here! Here women have same rights and we have a justice system to decide whats the best.
She might get alimony(Spousal Support) AND child support.. and I\'m referring to our American Laws. To a simple question someone posted, you had to post your stupidity. And then you\'ve got these juvenile rhymes reflecting your "alleged authority":
"she has to..", "your friend is not going to.."

She doesn\'t want to go back and you do? From your language and tone- seems like you\'re in a similar boat! (hopefully yours is sinking!) I never understood why characters like you waste so much oxygen! There must be a reason. "behaviour".. doesn\'t sound too american otherwise you\'d have lost that "u". (and also would have lost some stupid mentality). By the way fools- she never mentioned that she\'s from India so quit assuming.

We\'re talking about a human here.. not your pet puppy. (although I could probably manage to keep you as mine.. would love to potty train you.. sit.. shit.. roll over!) Feel free to make yourself disappear (on the next boat back home if you didn\'t understand what I typed) if you don\'t like the way it goes here.

Straighten up before you get yourself beat up in public. She asked for an advice/opinion on a legal/immigration issue, didn\'t ask you to prove your alleged manhood!

I say they should stop H1 immigration for clowns who can\'t lose loser mentality.
An amusing thought: I\'d love to see these two work for a very independent, Indian female boss! Imagine that!
 
No Title

Stigmata, Looks like u r telling ur own tale; u seem to be so emotional about it.
But to me this attitude seems stupid, biased and irrational.
What do u know of Infok\'s friend? And how much do u know(internal affairs) about ur so-called desi friends??
Each and every individual is different in this world. U cannot \'judge\' anyone just by reading 4 lines.And i beleive noone can judge anyone else. Becoz that person is not u. u haven\'t been brought up the same way as the other person who u r judging; u don\'t have the same circumstances around u, that instigated the other person to take a decision.
I too beleive in Loyalty, but not just from a wife to hubby, it has to be the other way round also. And not just loyalty, there has to be mutual respect and trust also.
Anyway like i beleive \'to each his own\'. So no wonder people like u also exist. \'coz really in a group of 45 people there exist 47 \'types\' of people.
 
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