EEA family member asking for divorce from non EEA family mem

Hi all,
Thanks for sharing your personal experience regarding immigration issues and giving people life changing advice.

I need your davice and will be grateful for help.

I am a non EEA citizen came to uk nov 2004 as a student.
I married to eea /A8 national mar 2007. i have been issued a RC on Nov 08 which expire Nov 2012.

My wife is in uk since June 06 and exericsing her treaty right under WRS.
Since our marriage we have been living together and ( we are separate from july 2010) have a daughter .

Now my wife wants divorce from me.

I know I can exericse my treaty right as we are married for more than three years.

My concern is we both were jobless from Oct 2008 to Jan 2010 and took housing / council tax/ workin tax/ child tax credit benefits and job seeker's allowance
I signed to job centre as a joint claimant.
We both working now.

She is asking for divorce and i am worried home office may not give me permission to exercise treaty right as she did not work for more than a year.

Is it better for me to stop divorce until our marriage reach 5 years or agree to give divorce?

she is happy to help now but i am worried she may not give later as she changes her mind and very aggresive, rude and demand a lot of money.

She wants to stop working and get all benefits
I really want to divoce becoz i can not bear her misbehaviour if it does not affect my status.


please help.

i need you sincere advice

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