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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.