What happen if Divorce? already have 2 years green card

[Yashvant]

Whether VISA will cancel after divorce.

Dear Friend,

I m really new at here, I m from India.

-My sister married to US CITIZEN boy at 28 Jan 2007.
-Before married my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America before 3 months with her daughter.
-now she having 2 years visa.
-But the documents of 2 years Visa and passport is also with her husband.
-My sister(30years old) and her daughter(8years old) is stay in America(California, San Fransisco) since 3 months through the marriage based visa.

-Now her husband leave her alone with her daughter in america.
-Now her husband need divorce.
-There is no our people in America who can help her.
-Currently she is staying at another place.and that place owner not able give more help of accomodation for more time.
-In this situation what my sister has do so she and her daughter live in america comfortable and secure!.

- We need that she stay over there untill she not get citizenship in america.which is helpful for her daughter.
- I and my family are new and nothing know about america and law of america. Plese guide us...

My question is :

1.Whether her VISA will cancel after dvorce.
2.She might not realy to take divorce.than America court will give divorce to him without sisters's query? what will happen with her and her child.
3. What happen if her husband and my sister give divoce to eachother?
4. What happen if my sister not give divorce?
5. What happen of her daughter if she give divorce?
6. How she find Job in America?
7. Is any helpful association who can help her?
8. Who can help her?
9. How can she apply for U.S.Citizenship?

please Help Us . God Bless you Lot Lot Lot.

 

[jrlaredo]

hmm. Very complicated. My best advice would be to get a lawyer or have your sister talk with one (alot give out free advice, or free 1st visits). Good Luck!

 

[doc w]

Contact a women's organization like:
http://www.maitri.org/

Address: 234 East Gish Road
Suite #200
San Jose, CA 95112
Toll Free Hotline: 1-888-8MAITRI
1-888-862-4874
Local Hotline: 1-408-436-8398
Live Hotline Hours: 9am - 1pm (PST)


Also, look up the "resources" section to find other links.
They provide pro bono advice, will help with her stay temporarily, provide advice regarding her status etc.
I believe they work in the same area your sister is in.If they are unable to help, they will definitely give you another agency contact. You are not alone, there are many suffering like this.

Be sure to get their advice. I know of a friend who was in similar situation and they really helped.

God Bless and Good wishes.

 

[helpless4now]

I know that many people are there here in this situation.you can go to this website www.nyawc.org they can provide shelter also if you need.you can call to their 24hr toll free hotline 1-888-888-7702

 

[Yashvant]

Wether Permenent Green Card or Citizenship get after Divorce?

my question is different now...

My sister married to US CITIZEN boy at 28 Jan 2007.
-Before marriage my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America 8 Aug 08 with her daughter.
-now she and her daughter have 2 years Conditional Green Card.

Her husband and she will meet at court at 06 Oct 08 for divorce process.
Her husband told us that "I will divorce her finally but give you green card or U.S.Citizenship."

My questions are

- is it possible that after divorce my sister get permenent green card or U.S.Citizenship?

 

[Washburn27]

my best advise: CALL THE EMBASSY!
Her husband IS financially responsible for her, if this was an honest case. The embassy should be able to advise her on technicalities.
AFAIK, her husband can't just leave her hanging.
CALL THE EMBASSY, or GET A LAWYER!

 

[Yashvant]

my best advise: CALL THE EMBASSY!
Her husband IS financially responsible for her, if this was an honest case. The embassy should be able to advise her on technicalities.
AFAIK, her husband can't just leave her hanging.
CALL THE EMBASSY, or GET A LAWYER!

which embassy?

wether i should contact here USA embasy? or there USA Embasy in America?

 

[rick92]

If she and her daughter got their GC and it is conditional because he filed the I-130 for them, with the divorce she will lose her status...... sorry. But you could help her if you are a US citizen.....

my question is different now...

My sister married to US CITIZEN boy at 28 Jan 2007.
-Before marriage my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America 8 Aug 08 with her daughter.
-now she and her daughter have 2 years Conditional Green Card.

Her husband and she will meet at court at 06 Oct 08 for divorce process.
Her husband told us that "I will divorce her finally but give you green card or U.S.Citizenship."

My questions are

- is it possible that after divorce my sister get permenent green card or U.S.Citizenship?

 

[Washburn27]

your daughter should the INDIAN emabssy in USA, and tell the whole story, and see if they can advise her.

 

[rick92]

Dear Friend,

I m really new at here, I m from India.

-My sister married to US CITIZEN boy at 28 Jan 2007.
-Before married my sister has 8Years old daughter.
-Now marriage period is 1 Year and 8month going on.
-She went to America before 3 months with her daughter.
-now she having 2 years visa.
-But the documents of 2 years Visa and passport is also with her husband.
-My sister(30years old) and her daughter(8years old) is stay in America(California, San Fransisco) since 3 months through the marriage based visa.

-Now her husband leave her alone with her daughter in america.
-Now her husband need divorce.
-There is no our people in America who can help her.
-Currently she is staying at another place.and that place owner not able give more help of accomodation for more time.
-In this situation what my sister has do so she and her daughter live in america comfortable and secure!.

- We need that she stay over there untill she not get citizenship in america.which is helpful for her daughter.
- I and my family are new and nothing know about america and law of america. Plese guide us...

My question is :

1.Whether her VISA will cancel after dvorce.
2.She might not realy to take divorce.than America court will give divorce to him without sisters's query? what will happen with her and her child.
3. What happen if her husband and my sister give divoce to eachother?
4. What happen if my sister not give divorce?
5. What happen of her daughter if she give divorce?
6. How she find Job in America?
7. Is any helpful association who can help her?
8. Who can help her?
9. How can she apply for U.S.Citizenship?

please Help Us . God Bless you Lot Lot Lot.

1. She needs to get a lawyer.
2. She will lose her GC status.
3. Contact the owner of this forum Next Call On October 16, 2008
4. Contact Law Offices of Rajiv S. Khanna, PC, a U.S. law firm.

Located in the suburbs of Washington, DC (Arlington, VA) and in Staunton, VA. In matters of federal laws, including U.S. Immigration Laws, we proudly counsel and represent clients from every continent of the world and all fifty States within USA.

Phone Numbers:

Rajiv S. Khanna, PC (Private Counsel)
Wilson Blvd., Arlington, VA 22205
Ph: (703)908-4800

Rajiv S. Khanna, PC (Private Counsel)
6 Byers Street, Staunton, VA 24401
Ph: (540)886-6321

 

[Yashvant]

What happen if my sister not sign in divorce paper? at that time how her husband got divorce from her?

 

[rick92]

I don't think she should give him the divorce. She has to fight it until she gets her GC. Of course, she must not tell him that.

And she needs to get a lawyer ASAHP (as soon as humanly posible).

 

[JohnnyCash]

First off, I don't understand why you are looking for a poll here on your sister's sitaution than a solution. You should be looking the solution and be concerned about her than poll...So I've closed the poll now.

Secondly, contacting embassy won't do nothing. They wouldn't do anything except a little help just to get her back to her home country.

Thirdly, it's not clear from your posts what you are looking here for your sister? Is it a permanent green card for her and her daugther? Or hers and her daughter's well-being first?

As for immigration point of view, then if your sister gets divorced then it would be a bit hard for her to save her legal status (temporary green card) for her along with her daughter's one because she obtained her temporary green card is based on marriage to a US citizen (her husband). But she can still get her full green card (permanent residency (green card) ) along with for her daughters despite of being divorced. How? She would need to file form I-751 (a petition of remove the temporary condition on her green card) on the basis that she was married to her husband in a good faith (means, marriage was real) and that the marriage has been terminated. She would need to submit tons of evidences/proofs to prove that her marriage was real like joint bills, jointly filed tax-returns, photos of them together, proofs of their trips taken together, any insurance policy between them, wills, affidavits from at least 3 people who know the legitimacy of their marriage...I mean anything and everything that could show they were married..and have had both names together on any paper. This petition she was required to file anyway even if she was in a happy marriage in order to remove the temporary condition on her temporary green card.

Failure to file this petition is an automatic termination of her temporary green card and will proceed her to a deportation proceeding. Before she was supposed to file this petition on the basis that her marriage is real/bonafide and that she is still in the marriage, and she and her husband supposed to sign it jointly. But now she would be filing this petition without her husband signature on the ground that her marriage was real and that her marriage has been terminated now. But she must need a divorce decree in order to file this petition. Thus, it's so important for her to get divorce as soon as possible; otherwise her temporary green card be terminated and she would face deportation if her marriage won't end by the time she is supposed to file this petition. Immigration law requires that the joint petition (form I-751) be filed within the 90 day period prior to the expiration of Conditional Permanent Residency.

Your sister can get her full green card for her and her daughter RIGHT NOW without waiting to file this petition on its due date and even without getting divorced if she was abused during the marriage. Only this ground allows her to file this petition right now and without a divorce decree. But she must need enough documentary proofs to prove that she was battered/abused during the marriage. If she cannot proceed to this ground, then she must need a divorce decree and also would need to wait for the time when she is supposed to file her this petition to remove her temporary condition on her status.

Here are some links for all the information on this petition which you and your sister need in order to deal with this situation.

http://www.nwirp.org/Documents/FillingAnI-751Waiver.pdf
http://www.uscis.gov/files/form/I-751instr.pdf
http://www.uscis.gov/files/form/I-751.pdf
http://immigration.about.com/b/2008/05/23/revised-filing-instructions-for-form-i-751.htm
http://groups.google.com/group/misc...read/thread/1bd889537782688f/a957914e29dd71bd
http://www.aa-law.com/images/stories/i-751-condition-nscflash6-2005.pdf
http://www.aa-law.com/images/stories/i-751-waiver-joint-filing-41003.pdf
http://community.lawyers.com/messag...&threadId=12456&threadstart=12456&threadend=0
http://boards.immigration.com/showthread.php?t=270332


If the marriage of your sister seems not going to be saved then it's better for her to get divorced soon so that she could file this petition I-751 when its time will come to file. I think you should be more concerned of your sister and her daughter's well being than just her green card status.

 

[rick92]

I respectfully withdraw my comments. Please, use the comments by JOHNNYCASH.

 

[JohnnyCash]

What happen if my sister not sign in divorce paper? at that time how her husband got divorce from her?

It doesn't matter if one of the parties doesn't agree to sign the divorce papers...It just takes a bit longer to get divorced then...That is all. Nobody can stop other party to obtain divorce once divorce petition is filed in the court. Read very carefully, nobody. Judge is the one who is ultimate authority on whether to grant a divorce or not. Of course, petitioner (who files for the divorce) can withdraw the divorce petition anytime but before the trial starts if s/h wants to cancel all this from proceeding.

When people say that they won't sign this and that, then it's actually about they are refusing to agree with allegations on the divorce complaint. Those allegations could be anything like child custody, child-alimony, spousal alimony, distribution of marital assets and even the ground for the divorce itself. If both parties get agree on issues, divorce becomes easy and quick; otherwise judge has to decide on those issues which become contested because of one party doesn't agree to them....which means it would take more time and many visits to the court to resolve those issues by judge. But nobody could stop someone from getting a divorce...with or without signing the divorce papers. Period.

 

[JohnnyCash]

I don't think she should give him the divorce. She has to fight it until she gets her GC. Of course, she must not tell him that.

And she needs to get a lawyer ASAHP (as soon as humanly posible).

She cannot get full green card by virute of being just married to her husband; rather she would need to have her husband to signed the petition I-751 along with her signature if she would still be married to him by the time she is supposed to file this petition. If her husband will refuse to sign that petition despite of them being still in marriage by then, then she will find herself in a limbo situation because then she cannot file this petition by her own without a divorce decree in hand...which means her current status will be terminated and she will be placed on a deportation proceeding. She can then request the judge to give her some time until her divorce gets finalized so that she could have her divorce decree in order to file this petition. Whether judge will grant her request or not, it's entirely up to the judge. Some judges allow, others don't. Plus, do not forget all the money (thousands of them) one will spend while going thru a deportation proceedings. So, being married alone is not enough for her get her full green card. Thereby, it's so important for her to get divorce as soon as possible so that when time will come she could file this petition by herself along with evidences of her marriage to have been bonafide.

 

[JohnnyCash]

Also, you have posted these questions on a wrong forum because your questions belong to the forum of Family based green card and not citizenship forum. Here is the link to that forum-

http://boards.immigration.com/forumdisplay.php?f=39

I will move this thread to that forum in a while so you can seek more feedback there...and there are many who are going thru the same situation like your sister's...You will find many feedbacks there...


Good luck...

 

[JohnnyCash]

I also suggest you not to open all kind of threads for the same questions on multiple forums of this board. I've diverted your thread on very questions from citizenship forum to here and also have merged all together in one. Try to keep things at one place than scaterring them around....

 

[JohnnyCash]

"Whether her VISA will cancel after dvorce"

No, her immigrant visa (green card) would not cancel after divorce, even if her husband will write to immigration to revoke it. The only way it could revoke if her husband could submit documentary evidences to prove that she defrauded him in marrying him to get a green card. Again, he will need documentary evidences to prove this than his words alone. Proofs like she wrote him in a letter/email or tape of conversation between them wherein she is saying to him that she married him just to get a green card. And other way, her green card be cannceled/terminated if she fails to file petition I-751 when it will be required to file. And the last reason for her visa/green card to be canceled/terminated is if she fails to prove her case/eligibility on Form I-751 by not submitting enough proofs of her marriage being bonafide and the divorce decree...In another word, if her petition I-751 gets denied then her status be termined.


"She might not realy to take divorce.than America court will give divorce to him without sisters's query? what will happen with her and her child."

If she won't reply/respond to divorce complaint then her husband would be able to get a default judgment on the divorce...meaning, he will be able to get the divorce by his own. She is not required to file answer or her response to divorce complaint if she doesn't care him getting divorced and other issues on divorce complaint. Millions of people don't respond or don't file answer to divorce complaint if they don't have any issue with their spouse. They just let it go. Besides, it costs money to file the answer as well. It costs filing fees when petitioner (who files for the divorce, your sister's husnand in this case) files the divorce complaint, and it also costs filing fees when respondent (who is other party- your sister in this case) files the answer to the divorce complaint. That's why people don't answer or file any reply/response if they don't have any issue to deal with it; otherwise it's just a waste of money, time/energy and many trips to the court later on. As for what would happen to your sister and her daughter then nothing. If her husband is not your daughter's biological father or adopted father then there is nothing to worry about; otherwise court will decide who take the custody of the daughter and even child-support as well.


"What happen if her husband and my sister give divoce to eachother?"

Once they will be divorced, they won't be legally in the marriage anymore. They both will live their own life as they would wish...


"What happen if my sister not give divorce?"

I've already answered this question in above postings that your sister cannot stop the divorce. Period. She can delay the divorce by filing all kind of frivolious motions to delay the process but she cannot stop the divorce. Besides, it will cost her money to file all kind of nonsense motions to delay the process...let alone the trip to the court many times on the hearing on those motions...


"What happen of her daughter if she give divorce?"

Her daughter will remain in your sister's custody if your sister's husband is not the biologoica or adopted father of your sister's daguther; otherwise court will decide who will have the custody of her daughter.


"How she find Job in America?"

Like the way everyone finds job in anywhere in the world...by looking and applying for the job...


"Is any helpful association who can help her?"

Associations for WHAT? For dealing with divorce, or for immigration matters, or for finding jobs, or for giving her foods/shelter???? There are some legal aid soceities that help people on legal issues on pro-bono basis but it's almost impossible to get any help from them for many reasons...first they will tell they do are so full for a year or so...then they will ask all the information from you on your income to see if one qualifies for their services or not...then it would be a jurisdiction issues...and still it will be hard to get legal help. As for shelter then there are some organizations, but she has to check that out by her own where she lives...There is no guarantee they will provide a shelter to her. Normally they provide in a sitution when a domestic violence situation...meaning if someone is being abused...And since your sister lives in a big city then I doubt she could find a place in these organization since there are many homeless and neeed people already in line for that. Like in India, people cannot find free place and food, same goes here. She has to find the solution of these problem by her own or thru her family's help if you care about her. Don't rely on US govt. and people over here to take care of her.


"Who can help her?"

First and foremost, is you...her family can help her....and should be...



"How can she apply for U.S.Citizenship?"

She is not eligible for applying for US citizenship yet. She has to wait for 5 yrs for it from the date she was granted a green card (immigrant visa). Green card and US citizenship are not same.


"We need that she stay over there untill she not get citizenship in america.which is helpful for her daughter"

There is no doubt left in my mind that you guys in her family only care about her obtaining a green card. That's all. This statement is a solid proof to it. I mean, you want her to stay in America so that she can get her citizenship which you say would be helpful to her daughter...even though you don't mind her to be on the expense of US govt. or US people in helping her....I don't understand why she doesn't go back to India now especially it's not that she is living in America for so long so to say that she has made so many sacrifices...She is America for only 3 months...And it's very strange that her marriage went wrong only in 3 months since she is here...Something doesn't seem right here....I think you guys are only looking US citizenship here than anything else...So sad....