I’ve been married for 5 months, but now would like a divorce because I have realized that I do not love him and that I cannot trust him after he cheated on me before our marriage. I signed the marriage papers because I was happy at the moment and his mom was telling me sad things that happened in his past that made me want to help. I genuinely thought I loved him but realizing that I wasn’t even able to be myself during this relationship I need to end it. He currently owes me over $37k and hasn’t paid rent in two months, has no job or money saved.
His green card paper work is in the process already. Fingerprint is done and now waiting for the workers permit which will be coming in a week or so. What will happen if I divorce while the paper is going through. Would be at least get to keep the permit? Do I need to get an annulment? A dissolution? A divorce? Do i need to show up in court for this process and do i need a lawyer?
This is primarily an immigration question so I will move it to that category for you.
As far as ending your marriage is concerned, "dissolution" and "divorce" are different terms for same thing. You can legally end your marriage through divorce anytime you want regardless of his immigration status. You simply file divorce in court, serve the papers, and start the process. Your local courthouse will have a packet of necessary forms and instructions. An annulment is only an option if you have proper legal grounds for an annulment, which is rare in California. Grounds for annulment include if one spouse can prove the marriage resulted from fraud or force, if one of the spouses had an unsound mind or was under age 18 at the time of the marriage, or if one spouse has a incurable physical incapacity. It is significantly easier to get a divorce rather than an annulment, however, if you signed an affidavit of support for your spouse, and they get a greencard, a divorce will NOT relieve you of your obligations under the affidavit of support, only an annulment will. You need to consult with an immigration attorney to understand the immigration aspects of your situation, and when you decide how to proceed, consult with a family law attorney regarding your divorce or annulment.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
One may seek annulment or divorce during the green card process. One may withdraw the I-130.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline