husband has refused counselling, selfhelp & reconciliation...he is filing

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thisismybest

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Please advise...I moved out of state now as it has been torture to communicate or see my husband.
He is filing for divorce.
I want it to end too now as it has been over 2 years I'm trying to get us to work things out.
I have healthcare under his company.
He owns the house, has money and stocks/options, and other investments.

I have nothing....well except my U.S. residency status (I immigrated to the U.S. for love and to marry my sweetheart).

Alas we cannot bridge our differences.

He is in Illinois and I am now in Hawai'i.

We have been married for almost 3 years.
What rights do I have?
What can I ask for financially?
What are my responsibilities?

He may offer some cash to assist me in my new life without him.
I believe it will be $15,000.

I am unemployed and am looking for work.
I have the frugal living expenses totalling about $1800/month, not including healthcare that I will need to get, plus I need some dental work.
 
Did he sponsor your residency using the form I-864?

What is your current status?
 
Putting aside the legitimacy of your migration status, you could have placed your potential marital rights in jeopardy. By voluntarily absenting yourself from your marital home, you may have committed abandonment. Abandonment, in most states is considered grounds for a divorce.

I suggest you return to Illinois, ASAP. If that isn't possible,
you might wish to consult with an attorney in Hawaii. The
initial consultation is normally provided at no cost.

The immigration officials could also come calling. You claim a three year marriage, yet you state you've been separated for two years. Thus, you lived together as husband and wife for a year or less. You should also speak to an migration attorney. Your legal status in the US could also be compromised.
Bottom line, your husband could claim you abandoned (deserted) the marriage. If he does that, you might not be getting that $15,000 settlement.


thisismybest said:
Please advise...I moved out of state now as it has been torture to communicate or see my husband.
He is filing for divorce.
I want it to end too now as it has been over 2 years I'm trying to get us to work things out.
I have healthcare under his company.
He owns the house, has money and stocks/options, and other investments.

I have nothing....well except my U.S. residency status (I immigrated to the U.S. for love and to marry my sweetheart).

Alas we cannot bridge our differences.

He is in Illinois and I am now in Hawai'i.

We have been married for almost 3 years.
What rights do I have?
What can I ask for financially?
What are my responsibilities?

He may offer some cash to assist me in my new life without him.
I believe it will be $15,000.

I am unemployed and am looking for work.
I have the frugal living expenses totalling about $1800/month, not including healthcare that I will need to get, plus I need some dental work.
Click to expand...
 
Last edited:
You are all so quick.
Thank you.

No, I had not abandoned him nor our home.
I kept trying to work things out.
I recently moved here at the end of October.
I had wanted him to move with me...we had discussed this years ago,

All things he had agreed to do with me as his wife, he later said no....after I left my home and job in Canada to come and live and marry him.
I have my permanent residency status in the U.S.
 
You might have been TOO quick to draw conclusions.
I gave you legal advice, not the advice of a friend.

It is, what it is.


thisismybest said:
You are all so quick.
Thank you.

No, I had not abandoned him nor our home.
I kept trying to work things out.
I recently moved here at the end of October.
I had wanted him to move with me...we had discussed this years ago,

All things he had agreed to do with me as his wife, he later said no....after I left my home and job in Canada to come and live and marry him.
I have my permanent residency status in the U.S.
Click to expand...
 
army judge said:
You might have been TOO quick to draw conclusions.
I gave you legal advice, not the advice of a friend.

It is, what it is.
Click to expand...

I'm not sure why you have taken this tack.
However, that's okay.
I don't mind.
:)

If I do not find any answers here, I will be seeking legal aid...I tried here, and they said to come back to them when I have some papers in hand and if I want to dispute them. I certainly do not have money for a lawyer, nor do I want to add expenses to my husband's bankroll.
 
Proserpina said:
There is a reason why I asked about the I-864.

Please answer?
Click to expand...

I forget all those silly numbers.
I came into the country with a K1 visa.
Then got married and we did our adjustment of status soon after.
Since then I went from being a conditional resident to a permanent resident....we are still married and lived together for 3 years minus a few months. I just moved here one month ago. And I left everything behind. I took only some clothes, some books, and my laptop. I have no furniture, no appliances...nothing.
 
This is an important silly number. If your ex signed that I-864, he is legally obligated to ensure you are supported to the tune of 125% of the Federal Poverty Level until and unless you meet one of these conditions:

1. You abandon your permanent residency
2. You naturalize and become a US citizen
3. You have attained 40 Social Security "quarters" (worked in the US for approx. 10 years)
4. You die.


Divorce does not negate this obligation.
 
Proserpina said:
This is an important silly number. If your ex signed that I-864, he is legally obligated to ensure you are supported to the tune of 125% of the Federal Poverty Level until and unless you meet one of these conditions:

1. You abandon your permanent residency
2. You naturalize and become a US citizen
3. You have attained 40 Social Security "quarters" (worked in the US for approx. 10 years)
4. You die.


Divorce does not negate this obligation.
Click to expand...

Wow.
I will look into this form then and see if it is something we did.
And I will get back to you...to this thread.
Thank you Proserpina.
I did not mean to make fun of the question.
I am just so frustrated with all the immigration work done to get to this point, and still...
 
I just looked at the list of forms that we had to fill out.
He definitely filled out the form I-864.

I did not take the package of filled out forms from the house when I left.
As I said, I just took some clothes and books.
Maybe I can find an electronic copy on an external harddrive....I don't know.
 
Oh my...
What a terrific resource you are.

Well, I found the old forms on my harddrive....it is not signed though, however it is filled out...electronically.
Would I need to get my hands on the originals?
That will prove almost impossible.

What does that mean %125 of poverty line?
 
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