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Baig · Mar 11, 2009, 05:41 AM

My daughter got married with American citizen who migrated there from Pakistan and she is now with him in Mariland for last about 9 months. My daughter's resident visa is expected within two months. Her husband is treating her very badly like a servant and does not provide her adequate food and clothes. She is confined to the house and feels miserable. She has following options: -
1. She can go back to Pakistan which she does not like.
2. She goes to Canada and join her brother and sister there which she prefers.

She thinks that she will not be able to live with him for long and will have to get divorce.Could you please advise what is the best course of action for her to take under these circumstances and.
1. Can she go to Canada after she becomes residant of USA? If so what would be the requirements in this regard.
2. Will she become permanent resident / citizen of USA in due course of time.
3. What are her rights in USA at present.
4. Can government give her protection with due facilities from her husband in the same house.
5. If she cannot proceed to Canada or till such time Canadian visa / immigraqtion is obtained how shell she live in USA without her husbands protection and no sourse of earning.
I shall be very grateful if you reply and answer these questions at an earlt date.
Best regards
Baig Raja

Ejaz646 · Mar 31, 2009, 02:01 AM

Salam,
I am a Lawyer from Pakistan. If your daughter want to get her share in his property and assets then she should file case in USA and this is according to the States Laws. She also get divorce from Pakistani Court by appointing special power of attorney and her presence in the court is not essential but according to the Pakistani Law she has no right in husband property or any assets.
I think after getting PR in USA. She should go to her brother and sisters in Canada. If you want to get any advice you can email me . [email protected]

Thank You

Baig · Mar 31, 2009, 02:42 AM

Could you please answer the following questions" - 1. Can a 2 years old wife, who joined her husband in USA nine months ago, can get PR from US government even against the wishes of her husband.
2. Can she become a permanent citizen even if she does not live with her husband.
3. What rights will she have under US laws after getting PR.

Ejaz646 · Apr 1, 2009, 01:31 AM

Salam,
Sir, She has on conditional GC which is only valid a couple of years and to get unconditional one, She will have to file I-751 along with her husband to remove the conditions. If she gets divorce before I-751 is filed she will lose her GC status after the conditional GC expire.

dontknownuthin · Apr 1, 2009, 08:08 PM

She should see an attorney in the county where she resides in Maryland as divorce rules vary from one state to another. As for where she can go from there, it depends on the country she wishes to enter. The US will not make her stay here. However, she may wish to make temporary arrangements to remain in the US until her divorce is complete for practical reasons. She would typically be entitled to 50% of the marital assets accumulated during the marriage, and if she's not been working, may be eligible for alimony (money to live on from her husband) for a period. If she leaves the country these payments may be difficult to enforce, however.

The US will not force her to stay here, of course. Whether Canada will welcome her in depends on Canadian immigration laws. Perhaps her siblings who are there could look into the requirements for her.

Best wishes. Her experience here certainly is not the norm for the US. Typically, women have every freedom that a man has in our nation, which is why so many wish to come here! She does have equal rights to the man under the law, whether she is a citizen, in terms of their property and such. Some states have a period that must pass between separation (living separately) and finalization of the divorce. If she has no money, she should still go to an attorney - he may be able to force her husband to pay both her attorney and his own if he is the sole earner for the family. As for children, if they have any, she would have equal rights to them but the courts would not permit her to remove them from the US without their father's agreement... they typically will not permit either parent to deny the other parent access to the children.

Baig · Apr 2, 2009, 04:09 AM

I am very thankful for the advice. I have gather enough information from the internet and have better understanding of what can be done further.
Best regards