Can I divorce my US citizen husband if I am a green card holder? 13 Answers as of March 05, 2012

I'm a green card holder. I got it last November 2009. I want to divorce my husband. He's a U.S citizen, but we got married in the Philippines. We're both Pilipino, but he got naturalized citizen. We have 2 kids. Our eldest is still in the Philippines. We did his paperworks, but my husband spends the money for their DNA test. Our fights started when we went home in Philippines last september of 2011 it all started when I found out that he's using drugs,gambling and having an affair. Can I apply for divorce here in U.S even if I'm a green card holder? It could affect my status as a green card holder? Can I apply for our son in the Philippines?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can get divorced in the US if you reside in the US and regardless of your immigration status. You can petition for your son on your own or your husband can petition for him. That would not really be dependent on whether you are married or not since he is still his father regardless.
Answer Applies to: California
Replied: 3/5/2012
Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
If you are already a PERMANENT resident, then you should have nothing to worry about. If your husband petition for you after two years of having been married to you, you should have received your permanent residency status from the first time. IF not, then you should have applied for a removal of the condition at the two years mark after you became a resident. If this was done (only if you had to) and you are a permanent resident, you can divorce your husband with no consequences to your immigration status. You can apply for your son in the Phillipines but the waiting time is going to be longer as you are a resident and not a citizen. It will also depend on the age of your son.
Answer Applies to: Florida
Replied: 3/1/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can divorce your husband in the U.S. even if you are a green card holder so long as the court has jurisdiction, which is based upon residence. As for the impact on your green card, I cannot give a thorough assessment without more information. However, assuming the marriage is bona fide and you can document that, there should be no issues. You may also be able to petition for your son, but again, I need more information about your green card.
Answer Applies to: New York
Replied: 3/1/2012
Wildes & Weinberg, P.C. | Leon Wildes
You can divorce him an still bring your child as well rather than tolerate his tricks.
Answer Applies to: New York
Replied: 2/29/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You can divorce. It can affect you if you have conditional residency and delay the naturalization process. You can petition single children.
Answer Applies to: California
Replied: 2/29/2012
    Law Offices of Kiran Nair
    Law Offices of Kiran Nair | Kiran K. Nair
    You may divorce but you need to file the proper paperwork with immigration and ensure that there are no other issues. I recommend that you consult with an immigration attorney to properly advise and possibly walk you through the necessary steps.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can if you have resided in a place for 6 months.
    Answer Applies to: Florida
    Replied: 2/29/2012
    THE MANDEL LAW FIRM
    THE MANDEL LAW FIRM | DIANNE L. BROOKS
    If you have a conditional green card, divorcing your husband will make it more difficult to obtain the 10 year card.
    Answer Applies to: New York
    Replied: 2/29/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    You can certainly file for a divorce here in the US seeing that you are a US resident. The question is whether you have a Conditional LPR as I suspect or a full on LPR. If it is the latter, then I see no issues going forward. If it is the former, then you have to figure out how you will remove the condition on your LPR (with an I-751) if you are divorced from him. If the things that you have described are true, then I think you may be able to accomplish that under the "domestic abuse" provision. This is something I would recommend you see competent counsel for in order to lay out the basis for an adequate I-751 application. Everything else will fall into place once you get this taken care of.
    Answer Applies to: California
    Replied: 2/29/2012
    Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
    You do not say whether your green card is conditional and needs to be made permanent or is your full green card valid for 10 years. Either way you can divorce your spouse and sponsor your son. You may need to lift conditions on permanent residency if your card was valid only for 2 years but if you are divorced you will have to show the marriage was in good faith.
    Answer Applies to: Texas
    Replied: 2/29/2012
    Fong & Associates
    Fong & Associates | William D. Fong
    Yes, you can prove up that you have a bona fide marriage, you can keep your permanent residence.
    Answer Applies to: Texas
    Replied: 2/29/2012
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You are allowed to file for divorce, regardless of your immigration status. If you have not yet filed for your permanent green card, you are also allowed to file for that without your husband. However it is very time sensitive in terms of filing and that your divorce needs to be finalized by a certain point. Please immediately set up a consult with a competent immigration attorney in your jurisdiction to discuss.
    Answer Applies to: California
    Replied: 2/29/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    I assume you have your ten year card. No problem to divorce him even if you have the conditional green card. As long as you can show your marriage is real, he cannot touch you.
    Answer Applies to: California
    Replied: 2/29/2012
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