Hi
I just have couple questions regarding divorce process. Us Citizen married to a out of status ( j-1 ) wife around 4 months ago. We have a legit , genuine marriage however we sometimes have serious opinion differences. I have not filed anything yet to get permanent card or working permit for her. She is currently studying .
My question is If I file to divorce right now , what will be her options ? I pay health insurance, under my bank accounts , car insurance etc. Will she can get any financial advantage of me , do I have to support her even we get divorce ? Or , she has to go her country because she is out of status right now and do not have filled documents yet ? Could you please let me know about possibilities, thanks.
Newbie to marriage,
Let me clue you in on a secret long held from newly married couple, difference of opinions is normal in every marital relationship, so you need to accept it and respect some of the views which your spouse holds, I don't think she's malicious. For example, she might be of the view that US foreign policy sucks, don't take it personally, understand why she shold such a view.If you marry someone who agrees with you all the time and never argues with you, I would run away from that person and marriage and bury myself under some loofah plant...
There is a time for argument, but if your entire life revolves around arguing, flee town...
In your question, if you divorce your wife then it might take up to a year of painful arguing over what is hers and yours, especially in community property states. When the courts finally issues a ruling, she might be entitled to 1/2 of your property, force you to sells your cars or house to divide the assets. I doubt you have a pre-nup agreement, the fact that you are on this board tells me no pre-nup exist.
Since you haven't filed for any immigration paperwork for her, she will remain out of status like she currently is. It is possible that she might ask for spousal support, the court will have to receive a compelling case to approve such a request, and it not unsual for the court to approve such request. Let us assume that you decide to file for her greencard right now, she doesn't have to go back to her country do get a new visa, she will have all her paperwork handled in the US resulting a greencard assuming all documentation and evidence is accept in about 3-5 months.
As a strong proponet of marriage, try counseling and couple's therapy. I believe that you might be worn down by emotional rollercosters of arguing with your spouse, most men suffers from such a challenge, but it doesn't mean we go out and plan to divorce our spouses. When last did you argue with your boss at work?
I assume you immediately found a new job within a month and moved on to another job? After starting this new job, your new boss ripped your nuts off in front of your subordinates and had a big argument in his office, and once again you looked for another job and resigned? Now you have a new job and no arguments with your current boss, but the moment there is an adversity, you are going to resign and start a new job? I hope you see the logic in my argument, marriage is NOT for the faint at heart, it is a bloody work and a huge sacrifice, honeymoon is nice, sleeping all day and jumping on top of each other, but when all is said and done, you are required to be patient and accepting. Last point on this, did you know that marriage license is the only license that I am aware of, in which you don't have to prove the mastery of the skills? Try walking into an aviation school to apply for a license, practice and hours of skill development, so is car driving. Just love your wife because she is a product of your intelligent choice....