Would not sign or divorce, pls help! (I-751)

What should I do?

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thornlessroses

Registered Users (C)
Hi all,

I've surfed around this forum and did not find similar issue to mine. People here are very friendly and helpful. I hope someone could give me advices on what I have to face.

I & my U.S citizen husband have been married for over 3 years, but my Conditional GC will expire in Jul 07, because he waited for a year before getting that Conditional GC for me.

We have a son, born in Aug 06. He now wants to get out of this marriage and wants me to go back to my country (he clearly wrote that to his friend in an email).

But he is not going to divorce me, because he does not want to pay either child support or alimony.

I'm afraid that if I don't go ahead to divorce him, I will be hang just like that, going nowhere further and it's not good when my Conditional GC expires. He won't sign, or divorce either.

What can I do? Please help!
 
thornlessroses said:
Hi all,

I've surfed around this forum and did not find similar issue to mine. People here are very friendly and helpful. I hope someone could give me advices on what I have to face.

I & my U.S citizen husband have been married for over 3 years, but my Conditional GC will expire in Jul 07, because he waited for a year before getting that Conditional GC for me.

We have a son, born in Aug 06. He now wants to get out of this marriage and wants me to go back to my country (he clearly wrote that to his friend in an email).

But he is not going to divorce me, because he does not want to pay either child support or alimony.

I'm afraid that if I don't go ahead to divorce him, I will be hang just like that, going nowhere further and it's not good when my Conditional GC expires. He won't sign, or divorce either.

What can I do? Please help!
Click to expand...


Make a deal with him or get a lawyer AND make a deal.
Some battles are just not worth fighting, especially when you have a kid envolved.
Good luck.
 
Contact good attorney

Your situation is bit out of the way ! You need to contact a good immigration attorney. You can find contact in local yellow pages if you don't have one already.
 
Not wanting to pay child support is unforgivable in my book. What a JERK. :rolleyes: Anyway, like those before me advised, please go see an immigration attorney ASAP--- don't sit on this. The law may be on your side, since you have his child who just happens to be a US citizen .
 
Let me tell u.In case you finally manage to take a divorce....ur husband HAVE to pay for child support and it is ATLEAST 17% of his income...u can let ur husband know about it...u can tell him....that u dont want any alimony ...just the child support....try to strike an amicable deal....in any case...I think the laws r on ur side....again....contacting an attorney will help....
 
Please consult a good divorce attorney for divorce proceedings and to be able to get full custody of your child. At the same time, consult a good immigration attorney to consult on how you can file for removal of your conditions. Please try to remain level headed and calm when going through this tough situation in life. God will help you.
 
Amen. Exactly what needed to be said. YOU need to divorce him. Get child support from him. His obligation to you as a sponsor has to be met. Then get lawyer for immigration issue. (Seek Free Legal advice)
 
Hi all,

Thanks for the replies and support. I have found a lawyer online (should I trust this?), he handles both family and immigration law. I already spoke with him on the phone and he said he was going to do some research for me and would let me know tomorrow. I would keep you guys updated, and others who are in or will be in this situation would learn a bit from my case.

Thanks all once again and wish me all the luck.

P.S. OH, HOW DO I KNOW IF THIS IS A GOOD LAWYER?
 
If I'm not mistaken in most states you can file for divorce even if he does not agree to sign the papers. It takes a few weeks more but can be done.

However for your immigration issues it maybe best to make a some sort of deal with him. It seems unlikely he will agree as he doesnt even want to pay child support.

I would get a lawyer, file for divorce and sole custody of the child then get child support.

Either way two attornies are required for you, a divorce and immigration.
 
One more thing.Since you already have a child from your marriage ....it should not be difficult for you to remove the condition on your GC.A child proves that the marriage is not fake.I have read a lot of cases where the spouse managed to remove the conditions even after the divorce....(n in some cases even without a child).....
 
Hi all!

The lawyer I spoke on the phone.. he disappeared when I told him that I did not work? I think that He is afraid that I did not have the money to pay.. :-(

Thanks all.
 
I think,, every state has some lawyers or organisation, that helps out at low cost or free with immigration issues.
For example there is Immigrant Legal Advocacy Project,Portland, ME.
They offer advice and help with family based immigration matters to qualifying low income individuals, battered or abused spouses.

You may look into finding something like this.
 
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