My wife is just using me to get a green card, as the time arrives she cared less and less about relationship and it's becoming clear she doesn't wanna be with me and is only in it for green card. I want to end this toxic marriage that I've been putting up with.
The situation you are describing is, sad to say, all too common. When a green card is the true motivation for marriage, it does not take too long for the truth to rear its ugly head, and then the real victim is the spouse who thought the marriage was based on love. You can file for Limited Divorce if you have been separated for at least a day, and you can file for Absolute Divorce if you have been separated for more than one year, or if she committed adultery or committed cruel and vicious conduct. Please remember that if she can create a situation in which she can fake domestic violence and accuse you of committing some kind of violence against her, then she will have a fast track to getting her green card without you. In cases of domestic violence against a person wanting a green card, domestic violence cuts through all the red tape very, very quickly, and all those normal obstacles to getting a green card suddenly vanish. I have a relative whose spouse succeeded in putting him in jail for a year on fraudulent charges, and when the dust settled she had her green card and his life had been permanently ruined. So if you are still living with her, your legal life, your freedom, and your good life are all at risk of serious, serious, serious harm. Get away from her now, not tomorrow, now. Check with an attorney for the many complicated details associated with a divorce.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
You should speak with a local attorney on this. You do not have to file a dissolution where the marriage was created. As long as you meet the residency requirements, you should be able to file in your current county. Find a local attorney to speak with, they will generally offer free or low cost consultations for family law.
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You can file for absolute divorce here if you have lived here for a year, and for limited divorce if it makes sense for you after a consultation pretty much any time. I see your comments to David. Makes me wonder why you ask about the effect on her immigration status. Looking to help make sure she doesn't lose her legal status? With it being so "toxic" you would think it wouldn't matter what happens to her later
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