Monday, July 30, 2012

A Divorce Could Be A Path to Green Card

This is an all to often question:

My U.S. citizen wife left me after I got my two-year temporary green card. Can I nevertheless get my permanent card? I married my wife last year and we lived together. My wife petitioned for me and I applied for permanent residence. The U.S. Citizenship and Immigration Services approved the case and issued me a temporary green card valid for two years. My wife works, but she did not mention me when she filed her taxes. I am still looking for a job.

After my wife received her income tax refund, she packed her things and left our rented apartment, saying that I did not meet her demands. She told me that if she doesn’t help me with getting my permanent card, the authorities would come after me and deport me.

Some attornies are addressing this problem like this:

If your marriage was bona fide or “real,” you can get your permanent card (valid for 10 years and renewable), without your wife’s help. However, you may have to divorce your wife.

You received a two-year conditional permanent resident card only because you became a permanent resident within two years of your marriage. The three reasons you can use to remove the condition without your wife’s signature, are : 1) you entered the marriage in good faith and the marriage was bona fide or “real” and it was terminated by divorce or annulment;. 2) you are the victim of spousal abuse or your child has suffered abuse from your wife 3) that leaving the United States would result in your suffering extreme hardship. Based on your letter, the easiest path to the permanent card for you may be proving that you enter the marriage in good faith marriage. It doesn’t help that your wife didn’t note her marriage to you on her tax return, but hopefully you have other proof that your marriage was bona fide.

You should look into getting a divorce. When a conditional permanent resident applies to self-petition to remove the condition based on a good faith marriage only, the USCIS will want to see a divorce or annulment decree before approving the petition. If your divorce or annulment is not final when the time comes to file form I-751, Petition to Remove the Conditions of Residence, you should nevertheless file the form. The USCIS will give you 87 days to get a divorce judgement. If you can’t get the judgement in time, the USCIS will refer your case to an immigration judge. The judge should give you more time to get a divorce or annulment decree.

The experienced family document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Surprise, Tempe, Tolleson and Youngtown.

Call for a free consultation or visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

As always you should seek legal advice for specific issues like the one above before coming to Discount Divorce to have your documents done and processed so that your legal rights may be protected.

Wednesday, July 18, 2012

Facebook Can Be Used Against You in Court

In the case of a cheating spouse, information learned on Facebook and other social networking sites can certainly be a catalyst for the end of a marriage or other relationship.

Information on a spouse's behaviour, reckless or otherwise, can be of assistance in custody proceedings.

Much can be gleamed about a party's parenting or lack thereof by way of status updates and photos posted on Facebook.

In the case where spousal support is at issue, a spouse can learn information about the payor spouse's financial situation. Did he just buy a new vehicle? Was she looking at a cottage property? And a payor spouse can learn about a recipient's situation. Did he/she just update their relationship status? Maybe there is a claim that another, third party is responsible for support and maintenance of a former spouse.

More often, we see parties using social media as a tool to uncover information related to their former spouse that can assist their own case. Sometimes this information is helpful to a material issue in their matter, and sometimes it simply goes to credibility.

One might be more cautious about what they post because it can come back to haunt them not only in the course of their divorce proceedings, but it may also undermine the already-fragile relationship they have with their former spouse, and potentially with their children. (Children don't want to learn all about mom's new boyfriend on Facebook, and dad doesn't need to learn that his wife just went away for the weekend with her new squeeze).

Call for a free consultation or visit www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.

Thursday, July 5, 2012

Custody: Legal and Physcial, What are the Differances

There are many different types of child custody to consider when filing for divorce from your spouse. From joint custody to the differences between joint legal and joint physical custody.

In Arizona, joint legal custody means that both parents have equal rights and responsibilities in raising their child. The parents will work together to make important decisions regarding the child’s education and religious upbringing and when giving permissions, such as for sleep overs, summer camps, driving, dating, and etc.

Neither parent is set apart as the primary decision maker; they are equal, except where conditions specified by the court are concerned.

Joint legal custody does not ensure that both parents have equitable time with the child. One parent may spend more time with the child than does the other parent.

Joint physical or Shared custody in Arizona means both parents have equal rights and responsibilities in raising their child. They work together to make important decisions regarding the child’s upbringing, and the child shares an equitable amount of time with each parent.

Choosing the custody agreement that is right for your situation can be difficult.  Discount Divorce can help you prepare a Parenting Plan that will work for you.

In addition to Arizona divorce cases, Discount Divorce can assist you in all Arizona family law cases, including child custody, child support issues, alimony disputes, divorce mediation, spousal support issues and visitation.

The experienced family document prepares at Discount Divorce assists clients throughout Arizona, including the cities of Ahwatukee, Avondale, Buckeye, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Sun City, Surprise, Tempe, Tolleson and Youngtown.

Call for a free consultation or visit  www.discountdivorcepro.com or call (602) 896-9020. Discount Divorce is located at 13817 N. 19th Ave., Phoenix, AZ 85023-6105.