Legal Question in Family Law in New York
I am Indian citizen holding Canada permanent residence Married to Amrecan citizen in July 2009 . When I got married to US citizen my VISA status was H1B . Now I have green card PR of US on the basis of marrying him.
Due to mental ill health of my spouse ( which was concealed from me ) and non compatibility I wish to seek divorce . I have following questions.
1. I have obtained GreenCard ( PR ) of US on the basis of marring US citizen , what will be my status after divorce .
2, My earning is double then my husband , my husband earns usd 45k as a resident doctor and I earn 99k what will be my financial commitment .
3. Who should file divorce petition me or my husband. which is good for me.
2 Answers from Attorneys
Your question raises several issues, and some answers will require more information than was provided in your question.
1. In New York it does not matter who petitions for divorce. The economic and immigration implications are the same.
2. It is not likely that in a marriage of short duration that there will be any substantial continuing financial obligation of one spouse to the other, unless there are children involved.
3. The issues of grounds for divorce and whether you have met the New York residency requirement require more exploration.
4. The immigration implications may vary depending upon the answers to issue #3.
If you'd like to discuss the matter in more detail please feel free to get in touch. I should be in the office until just before noon, and will also be checking messages and e-mail this afternoon.
As for your immigration status, it depends whether you have temporary (for 2 years) or permanent (10 years) green card. If you have the permanent one, then your status will most likely not be effected, but if you have the temporary one, then you there may be a few possibilities, you have to discuss with an immigration lawyer.
Your financial obligation to each other depends on duration of your marriage and some other circumstances. Here also consulting an attorney would be a good idea.
If you need further help, please contact our firm.