Can I Take My Husband’s Green Card Away?

August 23, 2009 by Divorce and Family Law Tips  
Filed under About Divorce

Can I Take My Husband’s Green Card Away?

“Hell has no fury like a woman scorned.”

I recently read a post on a popular question and answer website that posed the question: “Can I take my husband’s green card away?” It appears that the question was asked by a woman scorned who claimed that “he only married me for the green card” and in an act of revenge she wanted to get her husband’s green card taken away.  The paradox was that she also admitted that they were married for nine years and that they had three children together.

In response to this post, some of the answers – apparently by other angry women – included “immediately file for a divorce.” Another answer suggested that by “reporting him to the immigration authorities” he would immediately be stripped of his green card status and subsequently deported.   For the most part, this is not true.

Conditional Resident Alien Status (CR1/6)

If a couple was married for less than two years at the time the alien was granted Resident Alien Status, the U.S. Citizenship & Immigration Service (USCIS) will grant the alien a temporary, or Conditional Resident Alien Card.   This type of status is valid for only two years and at the end of the two years the couple must jointly file form I-751, Petition to Remove Conditions on Residence (see form at:  http://www.uscis.gov/files/form/I-751.pdf ).   The premise is that if the couple is no longer together and if the couple does not file this form together, then the alien spouse could lose his immigration status; however, if the couple is still together, they would file form I-751 along with a filing fee of $545.00.   This immigration form is also filed with proof of the couples good faith marriage, such as, joint tax returns, children’s birth certificates (if any), banks statements, leases or joint mortgage statements, joint credit cards, driver licenses with the same address, wedding photographs or other family photographs, and so on.

Generally, if the application is properly filed and there is sufficient proof that a legitimate marriage exists, the USCIS will approve the application and send the alien a new upgraded Permanent Resident Alien Card.

What if the couple separates, or gets divorced, before the I-751 is filed?

This issue causes a lot of confusion.  If the couple separates, or gets divorced, before the two year expiration of the Conditional Resident Alien Card, this does not automatically bar the alien from receiving his Permanent Resident Alien Card.  For instance, on the actual I-751 form there are waivers that actually allow the alien to obtain Permanent Resident Status on his own.  Box “d. I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment,” allows the divorced alien to file the application by himself.  No signature, or assent, from the U.S. Citizen spouse is required.  The applicant will include the divorce decree, or marriage annulment, and proof that – while married – a bona fide marriage existed.  If the USCIS is satisfied that a legitimate marriage existed, the alien will be approved and receive a new upgraded Permanent Resident Alien Card.

Box “e. I am a conditional resident spouse who entered a marriage in good faith, and during the marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or permanent resident spouse or parent.” is another manner which allows the alien spouse to file the I-751 alone.  Women who are battered or subject to extreme cruelty at the hands of a U.S. Citizen husband can also receive a waiver.   Form I-751 is filed by the alien wife, and under this scenario, it does not require the signature, or assent, from the U.S. Citizen husband.  It is sent with evidence of the physical or extreme cruelty (e.g. police reports, orders of protection, medical records, etc).  And if the evidence is compelling, then she can be granted Permanent Resident Alien Status.

What if the couple separates, or divorces, after the alien received the Permanent Resident Alien Card?

Unless there is compelling evidence to prove that the marriage was entered into for the sole purpose of receiving an immigration benefit (i.e. marriage fraud), there is little a U.S. Citizen spouse can do.   In the example above, the couple was married for nine years and they had three children together; this actually proves that the couple did indeed live together in a good faith marriage.  Also, consider that if the U.S. Citizen wife claims that the marriage was fraudulent and reports this to the USCIS, the alien has rights too.   The alien can hire an immigration attorney and demand a hearing before an immigration judge to prove that the marriage was indeed legitimate.

There is no doubt that there are some bad apples – whether they are a man or a woman – and if culpable should be stripped of their immigration status and subsequently deported; however, for the woman scorned who is only seeking revenge, be mindful that if there are children involved please consider their needs and their potential hardships if their alien father loses his immigration status.

H. Paul Leyva is the Director of H. Paul Leyva International, Inc, Immigration Service Providers, 3646 W. Fullerton Avenue, Chicago, IL 60647 (773) 235-2700.  Email me at: paul@leyvainternational.com Website:  http://leyvainternational.com This article is for educational and entertainment purposes only and shall not be construed as providing legal advice.  If you have legal concerns you should consult with an immigration attorney.

 

 



Thanks to H. Paul Leyva for contributing this article to our Divorce blog:

H. Paul Leyva is the Director of H. Paul Leyva International, Inc, Immigration Service Providers, 3646 W. Fullerton Avenue, Chicago, IL 60647 (773) 235-2700. Email me at: paul@leyvainternational.com
Website: http://leyvainternational.com This article is for educational and entertainment purposes only and shall not be construed as providing legal advice. If you have legal concerns you should consult with an immigration attorney.



Do It Yourself Divorce Kits

Quick Divorce Simplifies the Divorce Procedure

August 22, 2009 by Divorce and Family Law Tips  
Filed under About Divorce

Facing through a divorce processing is generally an extremely painful experience for a couple, and even for the person who has filed it. This emotional pain divorce is sustained most of the times due to a lengthy Divorce process. Quick divorces, as the name suggests, is a fast technique of getting an online divorce so that you can carry on with your life.

The Process Involved

There are two ways of divorce processing: contested and uncontested. A contested divorce pertaining a lot of impediments with the couple finding obstacles in reaching common terms. It might take years to resolve these kinds of divorce proceedings. In the second type, the conclusion to divorce and the circumstances surrounding it are not challenged by the spouse. Quick divorce by online divorce paralegal firms are possible only in the case of an uncontested divorce. When an individual files for divorce in the court of law; the court operates the solicitation to the spouse. When the divorce is uncontested, the judge takes a look at the grounds for divorce, financial arrangement between the partners and information surviving to the child custody. If the judge is satisfied with all the asset documents and arrangements, he permits the Decree. After few weeks and one day of delivering this, the partners can apply for ‘The Decree Absolute’, which is the final stage of dissolution of the marriage.

Although in some cases, where a quick divorce is allowed within seconds, it usually would take at least two months for a quick divorce to come through.

Facilitating a Quick Divorce

Here are a few things that required being taken care of while trying for a quick divorce. These will help you avoid common incorrections while applying for a divorce which would otherwise delay the online divorce process.

Initiative: Partners needs to be initiative and draw up a premarital settlement even before the marriage. These will help them catch an harmonious solution at the earliest in the case of a divorce.

Grounds for Divorce: While defining the reason for a divorce, do not go into details and sound very unpleasant towards your spouse. This might cover the procedure for contested divorce and might cause delays.

Conclusion: Reach a acceptable conclusion and make it final. Any change in the same after the judge has finalized them, would make the process time-consuming. The same pragmatic happens in the case of child custody also.

Avoiding Mistakes: Get professional help while filling out the online divorce forms correctly. After you have submitted the papers in the court, if mistakes are found, you would be needed to start all over again.

Benefits of having a Quick divorce:

It helps in offering a faster relief from the pain owing to divorce and helps the couple move on with their lives.

It saves a lot of time which otherwise could be a hindrance to your professional lives.

If not for quick divorce, the ambiguity of the proceedings would also cause stress upon everyone including the children.

Conclusion

There are a lot of people who oppose the idea of a online divorce due to one or more of the following reasons:

Accelerating up the process of divorce lessens the probability of settlement between the couple.



Thanks to Frank Miller for contributing this article to our Divorce blog:

Frank Miller is originator of www.legaldivide.com,Online Divorce Florida an Online Divorce company, any one who is looking Quick Divorce , wants quick divorce or wants to use our services like Online Divorce Florida, Florida Online Divorce,Quick Divorce, Uncontested Divorce,Divorce Online, Florida Divorce, Online Divorce contact also for SEO Services India



Filing Uncontested Divorce

Filing for Divorce: Free Divorce Forms Online

August 22, 2009 by Divorce and Family Law Tips  
Filed under About Divorce

Filing for divorce could be a complicated task. You hear about quick divorces, and then there are “messy” divorces and the “divorce from hell.” There are many tasks required when it comes to any divorce. In the modern day, you can now utilize free divorce forms online.

What are divorce forms?

Divorce forms are papers where both parties provide information and form agreements to legally settle their divorce. Divorce documents are useful tools for future reference when it comes to financial issues, properties and having children.

Is obtaining a free divorce form online the best thing to do?

Filling out forms yourself can save a lot of time and money as opposed to hiring a divorce lawyer. If cost is a concern for you and there are no children or property divisions that may be involved, then using a free divorce form online may be the best for you. These are some of the benefits you can get from using divorce forms online:

- Immediacy and convenience – Using a divorce form online does not require you to show up in court and will not hinder you from traveling or relocating.

- Financial security - Divorce papers can secure your finances now and in the future.

- Good for uncontested divorces – Online divorce sites are tailored for uncontested divorces where both parties agree to make a mutual separation.

- Lower costs - You can represent yourself as your own lawyer without bringing in a third party or incurring extra costs. Online divorce services that aren’t free still offer their services at a much lower cost (less than $1,000) compared to hiring a lawyer, which can cost you thousands of dollars.

- Improved forms – There are now many free divorce forms online that deal with more complicated property divisions.

Although many do use free divorce forms online, they still have some risk. In some cases, online divorce services may not be for you. Here are the downsides of using online divorce services:

- Online forms usually pay attention only to technical aspects—issues that are more complicated and emotional like in the case of child abuse or financial disputes cannot benefit from answering technical questions alone.

- Online divorce services cannot offer complete financial protection. If one party is dominant over the other when it comes to sharing assets, these assets could be split unfairly.

- Not all online divorce forms are for every state.

Where can I find safe websites?

Look for national websites. For example, a national website usually indicates what state its legal forms are appropriate for. The services provided in these websites are absolutely legal. The process of online forms involves signing, notarization and filing and can take only two days.

Since every state has its own laws, try to search for online services that specifically cater to the particular state you are in.

Do not consider online services as your lawyers. These services only act as a guide to assist you in the preparation of your divorce.



Thanks to IC for contributing this article to our Divorce blog:

Wanting to get a divorce but don’t know how to start? Fill up your divorce form online at Isha Rowd’s site on How To Get A Divorce.



Quick And Easy Divorce

Expedite Quick Divorce Offered by Paralegal Online Services

August 21, 2009 by Divorce and Family Law Tips  
Filed under About Divorce

You can easily get a quick divorce without compromising your family law rights. Many divorce lawyers can guide you to acquire fast divorce under your state’s divorce laws.

Quick Divorce Online

You can achieve a quick divorce, with limited out-of-pocket lawyer figures, by sticking a number of safe steps under the Florida divorce laws where you intend to pursue your divorce. More couples are looking for a quick divorce for their unproblematic conclusions because of the lower cost and suitability of such divorces.

Quick Divorce processing When Property Rights Are Clear

A cheap and quick divorce is simplest to get when the intended action is simple with minimal assets, no children and the couple agrees to have an uncontested divorce. Under such nominal circumstances concerning the marriage, it is possible to use an online divorce services, or even a affordable divorce lawyer. The paper work is minimal and the filing necessities are forthright. A quick divorce, however, is risky if you are uncertain of all the consequences of processing in a quick and brief fashion or have chronic doubts about unsettled issues regarding the dissolution of your marriage.

The emergence of no fault divorces in many states has helped to accelerate quick divorce for approving parties. The grounds for a no-fault divorce are conventionally that the marriage has irreparably broken down or that there are irredeemable differences between the parties. Such lower divorce standards help to avoid the wastage of time and money required to prove that one party is at fault based upon adultery, desertion or some other misbehavior. In addition, many states like Florida now offers a simplified divorce procedure using shorter divorce documents and procedures which also help to acquire a quick divorce for consenting parties. The presence of online divorce services, with their ability to bespoke a simple divorce package for your divorce needs, has expanded the number of quick divorces sought after each year. In order to compete, there are a increasing number of affordable divorce lawyers who have geared-up their practices to provide a cost-effective and quick divorce for consenting parties.

Another force pushing the availability of a online divorce are advocacy groups that offers free divorce forms to help, usually female customers, expedite divorces and at the same time attempt to keep down the costs.



Thanks to Frank Miller for contributing this article to our Divorce blog:

Frank Miller is originator of www.legaldivide.com,Florida online Divorce,Online Divorce Florida an Online Divorce company, any one who is looking Quick Divorce, wants quick divorce or wants to use our services like Online Divorce Florida, Florida Online Divorce,Quick Divorce, Uncontested Divorce,Divorce Online, Florida Divorce, Online Divorce contact also for SEO Services India



Florida Child Custody Lawyer

Divorce Online is the Fastest Way to Have the Division

August 21, 2009 by Divorce and Family Law Tips  
Filed under About Divorce

You seemingly know that computers and the Internet have changed almost every outlook of our lives. They have given us a whole new independence and now they are varying the way many of us file for divorce.

As you are studying about divorce and getting ready to start your own, you will find that there are more ways than ever to get divorced. No longer are your options restricted to your local law firms and no longer is an expensive lawyer your only source of help. Divorce online has come a long way thanks to the countrywide restructured of Family Law. As a result, divorce online became much easier than it used to be. It’s the kind of positive advancement and change in the legal systems that empower more than half the divorcing population today to file for divorce online using alternative online methods, avoiding the traditional practice of consulting an expensive lawyer and spending $10,000 or more in legal fees.

Divorce online is easy to use, precise, and up-to-date service. Divorce online services will offer you with fulfilled documents, in depth explanations and step-by-step filing instructions to do your own divorce in a timely, professional, and hassle free fashion. You will have complete control of your own divorce online from the isolation and ease of your own home, which is the way it should be! Since divorce laws do vary from state to state, you will receive the required papers, filing instructions, and state law information to obtain your divorce online in the specific state.

Divorce online services also provide you an authorization to divorce mediation. Although divorce mediation does not deputize legal services, it generally reduces the legal costs, charged for divorce. Divorce online is utilized by a big percentage of the couples that files a divorce.

What are the main advantages of divorce online?

You will save your money on divorce online. An ordinary divorce lawyer has an hourly fee of $200 with an average case cost of $3500-4000. With divorce online services you pay about minimum with no additional fees for children, assets, debts or future alterations to your case documents.

You will have a personal divorce online calendar or organizer. It will allow you to keep your divorce private, established your divorce from start to finish, receive important reminders, track your visit arrangements, keep record of custody, along with your spouse, and access your calendar or organizer from anywhere.



Thanks to Frank Miller for contributing this article to our Divorce blog:

Frank Miller is originator of www.legaldivide.com,Florida online Divorce,Online Divorce Florida an Online Divorce company, any one who is looking Divorce Online , wants quick divorce or wants to use our services like Online Divorce Florida, Florida Online Divorce,Quick Divorce, Uncontested Divorce,Divorce Online, Florida Divorce, Online Divorce contact also for SEO Services India



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