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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husband is filing for a divorce, apparently I am going to

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My husband is filing for a divorce, apparently I am going to be served on Monday.
I am a UK citizen here in the USA. We have been married for almost four years.
I have a green card and three weeks ago before all this trouble started, we requested for USCIS to lift all the restrictions so I could live in the USA permanently. I own my own business, I am financially independent, I have been paying US Taxes.
My husband is not rational, he believes in revenge.

I have a few problems. My husband left our home with his step daughter (13) and they have been living in my shop, he cant get an apartment as his credit is poor so he is talking about a motel. He has no income of his own.
In our shop he has all my USCIS files and my birth certificate. I believe (cant prove) that he threw away my passport and he has taken the car. He has anger management issues and possibly...mentally not together (at least very volatile, he knows the law inside out). I think I am ok until tomorrow. He gave me a chance for one more try at averting the divorce. My son is here visiting from the UK, he threatened to slap my son, my son is 23 and I have had to end his stay here by booking an early flight home, he will be gone by Monday and away from my husband. I don't think I am in danger of physical abuse but last row we had he did smash my computer which I need for work, ripped out the phone lines and took the car. I am dealing with some one who is unpredictable and is convinced that he is blameless, can you believe he thinks there is still a chance of reconciliation. The good stuff, I am strong and fairly together (for now). I just don't know where to begin, USCIS, Sherriff, Divorce attorney? I need some advice. My Residency, my legal obligations (do I have to pay him child support for his daughter (I want to but I want her to have it)
Messy to say the least.

Thank you for your post. Please allow me to assist you with your concerns.

Good grief, I am genuinely sorry that you have to go through this process. To be frank, he if he attacked your property, damaged it, threatened to assault your son, and has taken the vehicle, you may want to seriously consider a restraining order anyway. Such an order will compel him to stay away from you and your family while divorce could be considered. Then, contact USCIS and inform them of this situation. They would likely request that you attempt to find a new sponsor so that you can remain in the US lawfully. Luckily such options do exist.

The child is not yours, and unless you adopted her, she is NOT your financial responsibility. You have no duty to cover those expenses. Consider retaining counsel as well to have the attorney figure out the proper marital split (California is a community property state so generally all assets obtained while married are split 50/50 regardless as to who earned them). You haven't been married long enough for him to demand support although he can still do so. But you really need to consider getting him out of your location and getting a restraining order.

Good luck

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