If my husband,who is an american citizen will divorce me, do I have the right to stay in the US?

Question

After 6 yrs. in our relationship, we decided to get married, but we feel now that we are not compatible.We are just married for 3 months up to present,My residence status is not adjusted yet. I he will divorce me for uncompatibilty, do I have the right to stay here in the US? By the way I am from somewhere in Asia. I have not committed any sin in our marriage.He said that we are not compatible, and divorce might be and option,I am worried because i have no job to return to anymore because he told me to quit and come here.

Answer 1

that or marry someone else.

Answer 2

I don't know how long you have to be married in order to have legal resident status, but I know it's longer than 3 months. It's probably measured in years.

I'm more concerned with the fact that your husband wants a divorce after only 3 months. Doesn't marriage mean anything to the 2 of you? I'm also confused that he was compatible with you enough to walk down the aisle with you, but now isn't. Maybe try some counseling, the first year of marriage is by far the hardest, it takes alot of getting used to.

Answer 3

Marry her, there is no other way to stay here on a more permanent basis If you don't want to marry her then plan on coming for visits, for more information contact the American consulate or embassy where you are. There are many ways you can come depending on your education, job status and if you have a skill or profession that they deem to be needed. You'd want to make sure even if you marry her that you've filed the proper papers. In the meantime, get all your documents together and make three or four copies of each, and never send the originals.

Answer 4

Unless there is evidence of spousal abuse (meaning you've called the police or your husband has had a restraining order against him for your safety), you aren't even close to the exceptions afforded to a divorced non-resident alient to remain in the US.

If he is unwilling to seek counseling, and doesn't appear to care that you will have to make enormous changes in your life to go back home, I wouldn't recommend simply accepting a divorce. Get an attorney, one that will work for you on contingency, if possible. Since your husband made the decision to bring you to the US and apparently did not take his vows seriously enough to let it last more than 3 months, he caused an unnecessary burden and hardship on you, emotionally and economically.

Unless this man who wants to divorce you is going to pay for your ticket home, provide you will the equivalent of 3 months support, and (in my opinion) apologize to your family for being a creep, you should not accept a divorce. In addition, if you have resided here in the US for all of the 6 years of your relationship, a judge might determine that he owes you more than that. After all, you left your job and family in another country to come here to the US!

Protect yourself. This man isn't worth wasting any more tears over.

Answer 5

unfortunately with you being married less than a year than no. usually you need to stay married for 3+ years to be considered for citizenship. better start packing your bags, or try to get a work visa to stay in the states.

Answer 6

YES you have the right to stay in the US. If you have a question you can call my Attorney Blaine L Gilbert [phone]

Answer 7

As long as you apply for US citizenship before you get divorced then yes. You are entitled to citizenship if you are married to an American.

Answer 8

Nope

Answer 9

Then no not unless u can get a work visa & if u can't get that then they will send u back asia

Answer 10

I'm so sorry for what u r going through; I know how painful it can be for u now :(

Write me [e-mail] and I may tell u something useful.

Good luck!

Answer 11

Go to the US immigration web site and you will find you answer there here's the web link
http://www.uscis.gov/portal/site/uscis