Q: My husband applied for a divorce and I'm a green card holder only for 2 months. We are merried for 8 months.We got merried in church in my country 3 months ago.I went for Christmas to see my family for 10 days and 3 days as I been there he called me and said that he wants a divorce and he will send me my clothes and divorce papers.I was so in shock since we didn't fight or have any big problems in our merriage.I came back to NYC and he don't want me to stay in his apartment.I received a divorce papers and he put inside that our relationship has broken down irretrievably for a period of at least 6 months,which isn't true.I don't want to sign it because immigration lewyer told me that I will have problem getting a permanent green card.What can I do, can he forbid me to stay in his apartment?
A: David's Answer: You should double-check with the immigration lawyer, as usually immigration authorities look more at whether the marriage was legitimate at its inception. Furthermore, if you were only married 3 months, the divorce itself will be dismissed if the only grounds he alleged are that the marriage has irretrievably broken down for at least 6 months - he's at least 3 months early on his filing. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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