Rio Vista, CA asked in Family Law, Immigration Law and Divorce for California

Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were married in February 2021

I applied for a Green Card in April 2021

My wife has not responded to my phone calls, text messages, WhatsApp calls and WhatsApp messages.

She has not given me any explanation for her behaviour.

She has not communicated her intentions w.r.t. our marriage and / or our relationship.

Should I file for divorce first or should I wait until she files for divorce and then defend myself?

I will require legal aid assistance and I need to secure accommodation as well as spousal support.

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage is from date of marriage to date of separation. Being engaged for a year before the date of marriage does not change the fact that community property is limited to property, assets and debts acquired between date of marriage and date of separation. Property acquired prior to marriage is separate property although the house you purchased in October 2020 likely has a community interest assuming mortgage payments were made during the marriage, using income earned during the marriage. If you have questions regarding your immigration status and how that is impacted by a divorce, you should consult with an immigration attorney.

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