What if he won't sign


#1

Dear hfwhitt:

Greetings. My advice is that you speak with an immigration attorney. If you need a referral, please let us know. An immigration attorney will be able to advise you how a divorce will affect, if at all, your ability to obtain your American citizenship. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thanks for the quick response.
My only concern is that with immigration involved this will be a long tedious process. I don’t want to hurt my husband (getting our private life into the open) nor do I want anything of his.
Yes, contact information of immigration lawyer would be nice.
Can I still file for legal separation if I am not a citizen?
How much is a form or how do I go about filing it?
Thanks.


#3

Dear hfwhitt:

Greetings. Yes, the immigration process is a long, tedious one, but the separation process is not. I believe that you will find when you speak with an immigration attorney, that a separation and divorce should not hinder your citizenship filing, but you NEED to speak with an immigration attorney first.

Yes, of course you can still separate from your spouse even though you are not a citizen of the US. You do not “file” for separation, but instead the best way to separate in NC is to have an attorney assist you in drafting a separation agreement and signing the same with your spouse prior to moving out.

There is not a form for separation and you do not “file” something when you separate, unless you complete a separation agreement. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I am working on getting my citizenship, and I am not sure what laws I need to take in consideration when thinking about legal separation or divorce.
I am married now 8 yrs to a US citizen, but there are lot of problems I just can’t deal with any more (alienation of affection, unemployment, “mental health” problems, anger management, etc…)
In the 8 yrs I received my green card, but no word on when I am eligible to apply for citizenship and my passport is expiring soon, too.
We have no children together so my case should not be that complicated.
I am a little scared to file for divorce because of his reaction, but this is an unhealthy place for both of us.
I don’t even know where to start.
What is your advice?
hfwhitt@yahoo.com