... in response to Question about visa & divorce legal ..., posted by roadken on Feb 24, 2005[This message has been edited by doombug]
Unless she's the victim of VERIFIABLE spousal abuse--or some other extreme hardship--she gotta bail. Simply calling the police claiming abuse, or telling everyone in the community she's being abused, or stating that he verbally abuses her, calls her names, throws tantrums (or dishes), is NOT abuse.
Most likely she has a conditional resident alien card, which is issued up until the anniversary of the couple's second year of marriage. Within 90 days of this 2-year mark, they must both apply to have the conditional status lifted.
Here's a winded explanation:
"Aliens who obtain their permanent residence based on their relationship with a U.S. citizen spouse or an alien parent's U.S. citizen spouse are granted conditional permanent residence if the qualifying marriage took place within two years prior to the date permanent residence was conferred. Conditional permanent residence means that the permanent residence is subject to termination if it is found that the qualifying marriage was a sham marriage or a marriage that was entered into only for purposes of obtaining an immigration benefit. Other than the conditional permanent resident being subject to having his status terminated, he is afforded the same rights as is any other permanent resident. Within ninety days before the two-year anniversary of the permanent residence being granted to the alien, the alien and spouse must apply to have the condition removed.
When permanent residence is granted conditionally to an alien spouse, that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce. This rule also applies to the child of the alien spouse who obtains his conditional permanent residence based on the marital relationship of his parent. In other words, the general rule is that divorce terminates the conditional permanent residence. Nevertheless, in this scenario, it is possible for the alien to obtain a waiver of the termination. A waiver of the termination is granted to the alien if the alien can show that the marriage was a union in good faith and the alien was not at fault for his failure to file the joint petition to remove the condition. Generally speaking, if the conditional permanent resident can show that the marriage was entered into in good faith, it is presumed that he was not at fault for failing to file a joint petition. Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly."
http://www.hooyou.com/divorce/aftercgc.html
If the guy is a major assmunch, and she doesn't think he'd oblige in accompanying her to have the conditional status lifted:
"If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
At least one eligibility requirements to remove the green card conditions must apply.
1. You are still married to the same US citizen or lawful permanent resident after two years
2. You are a widow or widower of a marriage that was entered into in good faith.
3. You entered into a marriage in good faith, but the marriage ended through divorce or annulment.
4. You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your US citizen or lawful permanent resident spouse.
5. The termination of your conditional resident status would cause extreme hardship to you.
http://www.visa2003.com/greencard/conditional.htm
I have a fem-friend from the Ukraine who was going to marry a gringo. She came over on the K-1, but immediately felt she couldn't marry the guy. She understood her options, and they essentially came down to what is presented above: In order to remain in the country, she'd have to wait out those first two years of marriage, and THEN consider divorce ("...that conditional permanent residence may be terminated within two years from the date permanent residence was granted if the marriage has been terminated through divorce.")
They had NOTHING in common, apart from desperation. He was in his mid-forties, she around twenty-seven. She is educated, speaks fluent Spanish/English/Russian, tall, slender, and cute. He's blue collarish, lives in rural South Carolina, and has an adopted, disabled child (supposedly, something he'd done to appease his ex prior to their divorce). She told me this guy induced her into sleeping with her on their first encounter in the Ukraine. Later, after he'd learned that she wanted to return to the Ukraine, he suggested to her to give the relationship more time; that she'd eventually fall in love with him. He was caught up in the fantasy of her, and she was caught up in the fantasy of the States. A token for a token.
She left. But, after he'd bought her a lap-top. Something he'd apparently done as a final attempt at holding on to the fantasy.
Peace out!
