What happens with a divorce?

[Cody]

I have a friend from China who married an American and arrived in the United States a year ago. She is a good girl, but married a guy who is emotionally abusive and a real jerk. When she was unable to live up to his unrealistic expectations, he decided to divorce her. She received the divorce papers yesterday, and broke down in tears. He is trying to bully her into returning to China by threatening to withold any support unless she leaves the country. Furthermore, he told her that she will never get her ten year green card because they are getting divorced.

Is this true? If he divorces her, will that prevent her from getting her ten year green card? Will she be forced to return to China?

[Randy W]

I have a friend from China who married an American and arrived in the United States a year ago. She is a good girl, but married a guy who is emotionally abusive and a real jerk. When she was unable to live up to his unrealistic expectations, he decided to divorce her. She received the divorce papers yesterday, and broke down in tears. He is trying to bully her into returning to China by threatening to withold any support unless she leaves the country. Furthermore, he told her that she will never get her ten year green card because they are getting divorced.

 

Is this true? If he divorces her, will that prevent her from getting her ten year green card? Will she be forced to return to China?

 

 

If she has her 2 year conditional green card, her husband signed a I-864 Affidavit of Support, which is NOT dissolved by divorce. But she is unlikely to be able to make any claims based on that, unless her lawyer waves it around in court (i.e., tells both parties what he has agreed to).

 

It is not possible for her to get the 10 year card based on marriage to him (after a divorce), but she MAY be able to get it based on cruelty, abuse, and (her own) good intentions. The next thing for her to do is to talk to an immigrations attorney BEFORE she talks to a divorce lawyer (or hopefully, one who can handle both). Immigrations judges have the power to order a green card be issued - again, talk to a lawyer.

[credzba]

I have a friend from China who married an American and arrived in the United States a year ago. She is a good girl, but married a guy who is emotionally abusive and a real jerk. When she was unable to live up to his unrealistic expectations, he decided to divorce her. She received the divorce papers yesterday, and broke down in tears. He is trying to bully her into returning to China by threatening to withold any support unless she leaves the country. Furthermore, he told her that she will never get her ten year green card because they are getting divorced.

 

Is this true? If he divorces her, will that prevent her from getting her ten year green card? Will she be forced to return to China?

 

 

Right now I am sure it is a difficult and emotional time, but when things calm a bit see if she should consider returning to China.

Not because HE wants her to, but for her own good.

It is difficult for immigrants to make a life in America due to language, education, many factors.

It would be easier for HER to find a true love, and if no true love is found, live her life and enjoy it in China.

 

Of course she is the only one who can decide what is best for her, but it is something worth considering.

[dnoblett]

As soon as divorce is final and has papers, she can file an I-751 with waiver claiming the marriage was entered into in good faith, in many cases the conditions can be removed based on the abuse and marriage in good faith.

 

Note does not need to wait until within 90 days of green-card expiration to file the I-751, it can be filed shortly after a divorce is final.

 

In this case it would be good to have a lawyer work this case.

[SheLikesME?]

As soon as divorce is final and has papers, she can file an I-751 with waiver claiming the marriage was entered into in good faith, in many cases the conditions can be removed based on the abuse and marriage in good faith.

 

Note does not need to wait until within 90 days of green-card expiration to file the I-751, it can be filed shortly after a divorce is final.

 

In this case it would be good to have a lawyer work this case.

 

Yes this is correct, because we looked into it. Once divorced you don't have to wait the 2 years. She can file for the 10 year after the divorce is final and just have the proof, emails and etc etc that she married with good intent. Also remeber she didn't divorce him, he divorced her.

 

She needs to collect as much data as possible I guess to show she married for the right reasons, this may include any form of abuse she endured since she arrived - if possible to get that, witnesses writing letters, or record him? Maybe non of that, just trying to think.

 

Best of luck!

[warpedbored]

The fact that he divorced her weighs heavily in her favor. She can adjust status based on entering the marriage in good faith. Written statements from mutual acquaintances who can attest to his abuse would be helpful. As others have mentioned she should talk to an immigration attorney.