Attempted to divorce him before but he is against divorcing and does not divorce me. I told him that. I want him do sign all divorce papers and then I will apply for green card for him. He accepted it. If I get him signed the divorce papers now , can I divorce him with the same papers after he gets his green card. We have been married since 1996 and have 3 kids. What is the legal waiting period for him to earn the green card before I can divorce him. Thanks
The bad news is that this is a complicated question, and there are many things to deal with. For one thing, his immigration status will affect what the Judge will decide in the divorce, if his immigration status affects his ability to earn money. You have been married since 1996, and that is a very long time to be married. Alimony is an issue.
But, you will need the assistance of BOTH an expert divorce attorney, and also an expert immigration attorney.
He can not stop you from getting a divorce. But before you do anything, you should know what the law is, and how it applies to you and your husband, and what the results of the divorce are likely to be.
You should know that in detail and with as much certainty as possible. And you need to know this BEFORE you take any action at all. Please meet with a divorce attorney, and have him work with an immigration attorney. This is complicated and important, and you need expert legal advice.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. AND NOW THE DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. The exact facts of your situation may give you a very different result. To get legal advice that you can rely on and use, please contact me directly.
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