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  1. #1
    Join Date
    Jun 2013
    Posts
    2

    Default Will Divorce Affect Permanent Residency

    My question involves a marriage in the state of: MO

    I am permanent resident with unconditional GC for 10yrs which I got in 2011. This was sponsored by my husband.

    Hi, I have been married for 7yrs with 2 kids (4yrs , 6 month old baby). My husband filed for divorce 2 days back.

    1) can I go to india now without responding to the divorce notice (i got this yesterday and it says I have 30 days time to respond). I want to go to India because I am alone here and don't have moral support or knowledge to fight through.
    2) will it affect my status? or what will be the status of current divorce case if I leave?
    3) if I don't respond to the notice and go back to India, will I be charged on criminal basis.
    4) Can I come back to US or will it affect my GC?
    5) both my kids are born in US.

    Please guide me through, I am struggling with all this torchure with a 4yr old and 6 month old baby.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Divorce - Will It Affect My Gc

    Quote Quoting B1630
    View Post
    My question involves a marriage in the state of: MO

    I am permanent resident with unconditional GC for 10yrs which I got in 2011. This was sponsored by my husband.

    Hi, I have been married for 7yrs with 2 kids (4yrs , 6 month old baby). My husband filed for divorce 2 days back.

    1) can I go to india now without responding to the divorce notice (i got this yesterday and it says I have 30 days time to respond). I want to go to India because I am alone here and don't have moral support or knowledge to fight through.
    2) will it affect my status? or what will be the status of current divorce case if I leave?
    3) if I don't respond to the notice and go back to India, will I be charged on criminal basis.
    4) Can I come back to US or will it affect my GC?
    5) both my kids are born in US.

    Please guide me through, I am struggling with all this torchure with a 4yr old and 6 month old baby.
    If you leave the US and take the children with you, it could be extremely problematic for your green card...unless its only for a normal vacation period. If you leave without responding to the divorce paperwork then it becomes a huge problem. What will happen is that your husband will get everything that he wants in the divorce, including custody of the children, and then it will become an international parental kidnapping case. While India is not a signatory to the Hague Convention, you basically would never be able to return to the United States.

  3. #3
    Join Date
    Jun 2013
    Posts
    2

    Default Re: Divorce - Will It Affect My Gc

    Thank you for your quick response. I understand what you are saying, is it ok if I reply to the case saying I need more time and then leave to India? how long can I keep asking for time to reply back to this case.

    Appreciate your help...

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Divorce - Will It Affect My Gc

    You absolutely need a family law attorney. If you are unemployed, you can file and request that your husband pay your attorney fees as well as support for you and the children while the divorce is pending.

    Do NOT take the children outside of the country. If you miss court dates, he can be granted what he asks by default. It is in your best interest to remain in the US during this process.

    You should have health insurance. Contact a family counselor (psychologist) to help you with your emotional distress. There are generally support groups at a family center.

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