married, having problemsgreenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread
I got married last year, after 3 months my husband who is American citizen he changed his behavior, he does not like to help at the house, doesn't help with nothing, and does not support me financially. We bought the house last year he didn't put my name on ,and I am paying half of the morgtage. Last december his decided quit his job, because was making his sick, so he started work with another job and making just 300,00 a week and before he was making about 500,00 a week. I have to work a lot of and I have 3 jobs because we need to pay the bills.I am suffer with my relationship and I am getting sick with this relationship, so if I'll get separated can I get my green card renew next year.
-- name removed (name removed), February 02, 2002
It sounds like you already have your conditional green card (the 2 year temporary one). If so, it is possible to divorce and still be able to apply to get your permanent green card. You will want to document the facts of your marriage very carefully -- that it was real, that you and your husband lived together and why it broke down. Trying to get counselling might be a good idea -- ideally to fix the marriage, but if not, it shows that you really tried to keep it together.
It is important to be careful in your sitiuation, because even though the law is fair, some INS officers are very suspicious of people who divorce early in their marriage, and treat them with great hostility. Even though it sounds like you are struggling financially, you need to think very strongly about using a lawyer who is used to this kind of case instead of doing it yourself. Finally, separation alone is much more complicated legally than divorcing or staying together. (If married but separated you need to show abuse by your spouse, not just the kind of unkind behavior that you are talking about.) This may seem strange, but it is true. This kind of odd rule is part of why I am suggesting you see an immigration lawyer who knows about this kind of case. Good luck.
-- Michael Boyle (email@example.com), February 02, 2002.