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I want a divorce from my husband of one year who is currently incarcerated for assaulting me. We're both immigrants; he's a permanent resident, I am not. He never filed an application for me to become a legal resident. Should I do that before I begin divorce procedings or after? (form I-360 petition for special immigrant)

2006-07-12 13:15:26 · 11 answers · asked by Anonymous in Politics & Government Immigration

11 answers

I dont think you would qualify to become a permanent resident if he was not a citizen. Plus you would have had to stay married for 2 years. I suggest that you speak to a immigration lawyer before you divorce. Because he assaulted you there might be something they can do. Also they usually have a free and confidential consulatation.

2006-07-12 13:21:12 · answer #1 · answered by Anonymous · 0 0

if you were divorced before you got the permanent green card then you are now illegal and should be deported. If you were divorced after you got the permanent green card then you are safe - for a while. You can apply for citizenship 5 years after you got the permanent green card. It wont be three years because you are no longer married to a US citizen. You MUST also prove to the citizenship judge that you did not marry your spouse JUST to get the green card. They will see you as suspicious that you married ONLY to get the green card. That is grounds for fraud and deportation. Your son cannot petition for you until he is 21 years old.

2016-03-27 03:03:35 · answer #2 · answered by Whitney 4 · 0 0

The only time you get to use the " Battered spouse" card, is if he is a U.S. Citizen. Don`t take me wrong, I don`t know your situation, but in this country we will put a guy in jail for even cursing a woman, all she has to do is to lie about it, and guess what: He is alone to prove himself, and all the system is with the woman to prove her right. Anyways, try with some kind of women`s organization, they do have special funds and attorneys to help you in any situation if you are a woman.

2006-07-12 13:59:31 · answer #3 · answered by wiseguywisedude 3 · 0 0

wait untill after your permanent residency, can take longer than a year. Are you here on a visa now?

2006-07-12 13:21:55 · answer #4 · answered by pstortz 2 · 0 0

That's a question for a lawyer...I'd say first step is to leave the area, and not look back. Then, find yourself some legal help.

2006-07-12 13:18:32 · answer #5 · answered by gokart121 6 · 0 0

Depends on the state your are in. In texas, you need to be a resident of the state.

2006-07-12 13:20:39 · answer #6 · answered by Georgette C 1 · 0 0

yea you can file for devorce and forget the legal residency!!!
who knows you may meet a better person and get married later.

2006-07-12 13:41:14 · answer #7 · answered by Anonymous · 0 0

find a good lawyer or two. one for immigration and the other divorce. move to a place were he can not find you.

2006-07-12 13:21:50 · answer #8 · answered by justnotright 4 · 0 0

Before, just in case.

2006-07-12 13:34:58 · answer #9 · answered by Anonymous · 0 0

?! Why do women marry such ppl... Well good luck and next time try to think BEFORE not AFTER

2006-07-12 13:19:39 · answer #10 · answered by AnswerMachine 2 · 0 0

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