Implications to GC holder wife who wants a divorce from Citizen husband.

[kd2010]

It was an arranged marriage, been married for over 40 months now of which the initial 24 months went to get to the US post my visa paper-work etc because of his unemployment status. I moved to US in May 2009 and experienced a total mess.

Some background:
My husbands ex and 3 children stay an hour away and he supposedly is not on good terms with his ex, though she has kind of a free access to ‘supposedly our’ house at any time since she is mother of his kids, he said; and here started our culture clash. I got married to an unemployed because I was confident that together we will make a good living since I am no lazy person and ready to work hard for our living. After my repeated requests, this coming-going etc did not change, rather to my wonder he being an Indian by birth, asked me to change my ‘Indian mentality’. And till date with all those stuff, he is struggling managing his own expenses along with his child support for 3 kids and more so he had ED problem which made a huge gap between us and the marriage did never consummated. I tried to cope up with the situation but at last left the house with a heavy heart in October 2009 and came back to India.

Now coming to me, I am a hard working woman and have over 12 years of work experience, got married at 35, was looking for a loving stable house to come and settle in and pursue employment in the States. Got my GC within a mont of arrival to US and started working in 2nd month itself. But with the recent developments and my understanding of my marriage, I was feeling like living in a hell, a dead body walking and to this my husband rather felt safe keeping with himself only.

Waited for 5 months with hope that he would come and take me back or assure me of a better future in reunion but this did not happen and I have filed for a divorce in India. I need to understand my options like what are the impacts to me personally after the divorce is over. Can I still go back to US (within 12 months of my departure) and try my luck there (I am an LPR with 10 year validity of my GC), if I intend to go back after divorce proceedings are over here in India? I dont have any driving license or any property in my name but I do have my bank account still active in US.

I want to be able to get a job and work a good living for myself rather than stay here in India with a failed marriage and being reminded of it every moment by people around. I am capable of taking care of myself and do not want to be a burden to anyone else.

Please advise what the process is and if a divorce now after 5 months stay in the US will impact my entry, future, and citizenship in the country.

Thanks in advance for reading my post and thanks for your time.

KD

[AFFA]

I wish to inform you that you are a Green Card holder with a 10 Year Permanent Resident Card. After grant of Permanent Green Card you may still lose your Permanent Resident status. This can happen if it is proved that the basis of your marriage was a fraud, you move out of USA to live in another country on a permanent basis, you remain outside of USA for a period of 365 days without obtaining a re-entry permit, you do not file your IT return, etc. Otherwise, 3 years in case of married persons to US citizens and 5 years of permanent residency otherwise, you are eligible to apply for citizenship.

AFF

[kd2010]

Thanks AFFA.

FYI, our marriage was not a fraud. We were married for 2-1/2 years before I landed in US but due to his unemployed status, he could not sponsor me. I faced all the situations described in my previous post after I went there to live, I left my stable job here in India, spoilt all my money in going there hoping for a new future with my husband but I am unfortunate that it was not in my destiny.

1) Anyway, I came back with a notion that surely he will understand my feeling and come here to take me back but he is a very weak-spined creature, always fearing of his ex. Frustrated I filed for divorce here. Please let me know if that can be a point while I intend to return back.

2) I plan to return by end of 10 months.

3) I worked for only 4 months in US, very negligible amount of money and my employer used to deduct a certain amount from my earning as TAX. I do not know US TAX regulations, I will be thankful if you could guide me on this.

4) Still holding my bank account there in US with very very small amount of money in it.

Thanks for your time and guidelines.

KD