Conditional Green Card & Divorce

N

NeverMarry

Registered Users (C)
Hello all, you can tell from my user name that I am in an extreme stress with my soon to be divorced wife.

Here is how it goes.

We have been married for 1.5 years and found out she was cheating on me. Hired a lawyer to get a divorce for "Irriconsible Difference" since it would have made everything so much easier if this goes through. The sever served the paper, and almost 35 days. My lawyer called me up and stated "She hired a lawyer and this is what they want. Stay married until she gets the green card or she will ask for alimony."

Now my problem is this. Her 2 year green card will expire some where in the month of Feb ~ Apr in 2008. If we are already fighting for a divorce now but the court keeps on getting extended, would there be a chance where she can get the green card without my signature or going to the office with her to sign something? I am asking this beacuse even though we are separated and being under a court case, she officially served as my wife for 2 years.

It would make me feel so much better if she can not get the New Green Card without me. I'd rather pay for the alimony (For what reason I don't know since she was the one cheating on me) than give her a green card.

Thank you so much for your time!
 
NeverMarry said:
Hello all, you can tell from my user name that I am in an extreme stress with my soon to be divorced wife.

Here is how it goes.

We have been married for 1.5 years and found out she was cheating on me. Hired a lawyer to get a divorce for "Irriconsible Difference" since it would have made everything so much easier if this goes through. The sever served the paper, and almost 35 days. My lawyer called me up and stated "She hired a lawyer and this is what they want. Stay married until she gets the green card or she will ask for alimony."

Now my problem is this. Her 2 year green card will expire some where in the month of Feb ~ Apr in 2008. If we are already fighting for a divorce now but the court keeps on getting extended, would there be a chance where she can get the green card without my signature or going to the office with her to sign something? I am asking this beacuse even though we are separated and being under a court case, she officially served as my wife for 2 years.

It would make me feel so much better if she can not get the New Green Card without me. I'd rather pay for the alimony (For what reason I don't know since she was the one cheating on me) than give her a green card.

Thank you so much for your time!
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She is the cheating spouse!! The extensions are a stalling static to buy her more time to say that she has been married to you to get her closer to 2 year status. It is not 2 years of marriage to each other, but 2 years AFTER issuance of the 'conditional status green card'. I thought that alimony would be denied to "cheating spouse' and also since marriage has only been for 2 years, you wouldn't be paying alimony very long. Spousal support for at least 1 year maybe??? What is ur lawyer advising?:confused:
 
Do a info pass to USCIS and talk with immigration officer - present all of the paper work from your attorney. This should do it.
 
I am sorry that your spouse cheated on you. With regards to her GC, If she can convince USCIS that she entered the marriage in good faith and not for immigration benefits, they will give her a permanent GC even if she is divorced. There is nothing much you can do. It is now between her and USCIS. Your I-864 will remain intact until she becomes a US citizen, dies, abandons the US or completes 40 quarters of work. So if she goes on welfare, you will end up paying for that. Also bear in mind one more thing. If USCIS reckons that this marriage was fradulent, you, as the US spouse, may also be in a spot of bother. So tread carefully.
 
NeShawn said:
She is the cheating spouse!! The extensions are a stalling static to buy her more time to say that she has been married to you to get her closer to 2 year status. It is not 2 years of marriage to each other, but 2 years AFTER issuance of the 'conditional status green card'. I thought that alimony would be denied to "cheating spouse' and also since marriage has only been for 2 years, you wouldn't be paying alimony very long. Spousal support for at least 1 year maybe??? What is ur lawyer advising?:confused:
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Thanks for the reply. I do understand that the Green Card will be issued after the 2 years of her precious one, and that is due about Mid March of next year.
It came to a conclusion with my laywer that fast divorce is what I needed.
Hence made the court case by "Irriconcible Differences".
It would be better if I can use most of the evidence from her cheating but that will require a lot more time and money.
That's why the conclusion of my lawyer and I was to just ask for what she needed and give up the Green Card.
She is not a faithful wife and she does not deserve to get a Green Card to begin with.

One thing I was wondering was about the payment of the Alimony.
I was reading up on the post that I recieved on this page.
If she is denied Green Card since I will not give it to her, she becomes an Illigal Immigrant if she prefers to stay here.

Now, Do I still have to give alimony to an Illigal Citizen?
I'd think that is non sense beacuse that is basically supporting Illigal Immigrant in a financial way.

Is there any thoughts on this?

Oh yes, and thank you very one for a great input!
I'd like more if there are any!

:)
 
alimony has nothing to do with legality of her stay in the US. Yes, even if she becomes illegal, you will have to pay alimony, if the judge says you owe her alimony. Fight it with your lawyer.
 
LucyMO said:
alimony has nothing to do with legality of her stay in the US. Yes, even if she becomes illegal, you will have to pay alimony, if the judge says you owe her alimony. Fight it with your lawyer.
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Thank you for your reply.
Well, I am not trying to be cheap here but just wanted to know beacuse I felt like if I were to pay alimony to her (When she becomes Illigal), it felt like I was supporting an illigal immigrant.

But I wonder what alimony really is.
She is able to support herself by working here so it does not seem like she needs any help financially.
It really sucks to have a unfaithful wife.
:(
 
Tommy_Chicago said:
Do a info pass to USCIS and talk with immigration officer - present all of the paper work from your attorney. This should do it.
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I was thinking about doing that.
I really don't believe that divorced wife (Especially Cheating) should have a reason to stay in the US.
 
How many shared assets, kids, do you have with her?
If none, why not stay married to her and not show up to the interview they will most likely require.

or tel USCIS it's fraudulent and accept consequences.

Hire an immigration lawyer!
 
I would have reasons to believe that if she cheated on me, she also deceived me into marrying just for the sake of a green card. It was never a marriage based on "love and trust".

I would divorce, not based on Irreconcilable Differences, but state that she cheated. She will then have to remove conditions on residency I-751 by herself and that will be very hard.

The fact that "she wants to stay married until she gets her GC" shows that all she cared to begin with was the green card and nothing else. She can go to "her lover" for help. I say divorce her and let it state in the records that she cheated/deceived you for the green card and let USCIS know this. Get a good lawyer with proper knowledge of immigration law as well.
 
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mwdrexel said:
How many shared assets, kids, do you have with her?
If none, why not stay married to her and not show up to the interview they will most likely require.

or tel USCIS it's fraudulent and accept consequences.

Hire an immigration lawyer!
Click to expand...

I don't have any kids (Thank God) and my assets are most likely really really, small. I don't have Life Insurance, IRA, Stock, House, Car, nothing at all. I do have a business of my own but still borrowing money from lenders so the net worth of the company is way in the RED.
I am hoping that this is a good thing.

I would not like to stay married to her since it will be the same thing at the end.
She will not divorce me and I would need a lawyer to back me up for the divorce.
Turst me, a person can become extremely desparate, but still carry the attitude and not apologize for what she has done.
 
PraetorianXI said:
I would have reasons to believe that if she cheated on me, she also deceived me into marrying just for the sake of a green card. It was never a marriage based on "love and trust".

I would divorce, not based on Irreconcilable Differences, but state that she cheated. She will then have to remove conditions on residency I-751 by herself and that will be very hard.

The fact that "she wants to stay married until she gets her GC" shows that all she cared to begin with was the green card and nothing else. She can go to "her lover" for help. I say divorce her and let it state in the records that she cheated/deceived you for the green card and let USCIS know this. Get a good lawyer with proper knowledge of immigration law as well.
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Yes, it all came down to a wire where she stated "I need a green card and nothing else."
Sad but True Statement.
If she decides to elongate the process of divorce, I will take the "Adultry" in consideration where I do have sufficient proof to have the judge's interest.
 
I'd just like to say thank you to all the people that has responded to my Thread.
It's great when I can get all different kind of response to one problem.
I will go see the lawyer today to see which direction we should take.

More Opinions are welcomed!!

Much Thanks!!
 
'We reap what we sow.' You should simply divorce. Stating it was 'irreconcilable differences' is to her advantage. It needs to be documented that divorce is because of 'infidelity.' I assume you sponsored her so you still have the obligation to financially provide even if you divorce. (all that is based on the green card process.) So I would think that what you should do is take the lead and divorce and determine the amount you will support her and not give her the upper hand. She can still file for removal by herself but it will be difficult. Also, if you pay alimony then she can't say or immigration can't say that you didn't fulfill your financial responsibity. She won't get much alimony cause the marriage is only 2 years old or so. But it will be well documented that you did support her. Also paying her alimony will keep her from reaping 'public benefits. She might try to retaliate and do that.

If it can be shown that she tried to make the deal of stay married till removal, then that evidence might cause USCIS to determine she is 'fradulently attempting to remain in status' and they might deny her.
 
I just went through a divorce from the worlds most dishonest and difficult person. You knew she cheated - you should have cited it in the divorce papers and kept the proof. I just went through my divorce and judges are not stupid. The greencard or alimony? Right there, that statement proves her intent. She ONLY wants the green card and it seems to me would be illegal, because it's basically lying to the government "no happy marriage here, just give me a green card." That's blackmail and (yes it is) so you go into court and say, this is the deal. They want her Green card or alimony? One thing I learned with divorce is you need to be 100% honest about the reason for divorce in the papers ie: the cheating or the judge cannot know the full story,( if you plan on taking it to court.) It seems to me, court is the best place for this kind of divorce. Let the truth hang out, believe me, judges are not stupid. It depends though, what state are you in? For instance in California is a no fault state. Cheating doesn't matter to the law there. Don't let her push you into a corner.

ps. I also had an attorney ask me if I cheated in the marriage (I never did - I was the one who filed and I wanted alimony after 10 years of not being allowed to work) because in a lot of places cheating spouses, do not get much from the divorce. Including alimony he said. It differs from place to place though.
 
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NeShawn said:
'We reap what we sow.' You should simply divorce. Stating it was 'irreconcilable differences' is to her advantage. It needs to be documented that divorce is because of 'infidelity.' I assume you sponsored her so you still have the obligation to financially provide even if you divorce. (all that is based on the green card process.) So I would think that what you should do is take the lead and divorce and determine the amount you will support her and not give her the upper hand. She can still file for removal by herself but it will be difficult. Also, if you pay alimony then she can't say or immigration can't say that you didn't fulfill your financial responsibity. She won't get much alimony cause the marriage is only 2 years old or so. But it will be well documented that you did support her. Also paying her alimony will keep her from reaping 'public benefits. She might try to retaliate and do that.

If it can be shown that she tried to make the deal of stay married till removal, then that evidence might cause USCIS to determine she is 'fradulently attempting to remain in status' and they might deny her.
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Wow, Great Write Up!
Thank you very much!

I will go proceed with the divorce beacuse like you have stated, the marriage has been within the 2 years.
From what I hear, it seems like the alimony for this type of case is very very small.
However, the question comes down to this.

I have my own company and want to know what she is capable of taking from that.

Yes the inventories can pile up to 6 digit figure but I am wondering if she is only entitled to the Net Profit of the Company during marriage or the whole company including the assets?

Getting very frustrated but it seems like this forum is keeping me quite tranquil.

Thanks!
 
MOM1211 said:
I just went through a divorce from the worlds most dishonest and difficult person. You knew she cheated - you should have cited it in the divorce papers and kept the proof. I just went through my divorce and judges are not stupid. The greencard or alimony? Right there, that statement proves her intent. She ONLY wants the green card and it seems to me would be illegal, because it's basically lying to the government "no happy marriage here, just give me a green card." That's blackmail and (yes it is) so you go into court and say, this is the deal. They want her Green card or alimony? One thing I learned with divorce is you need to be 100% honest about the reason for divorce in the papers ie: the cheating or the judge cannot know the full story,( if you plan on taking it to court.) It seems to me, court is the best place for this kind of divorce. Let the truth hang out, believe me, judges are not stupid. It depends though, what state are you in? For instance in California is a no fault state. Cheating doesn't matter to the law there. Don't let her push you into a corner.

ps. I also had an attorney ask me if I cheated in the marriage (I never did - I was the one who filed and I wanted alimony after 10 years of not being allowed to work) because in a lot of places cheating spouses, do not get much from the divorce. Including alimony he said. It differs from place to place though.
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Exactly, her just wanting the green card and not caring about me totally puts her in a situation is an negative aspect.
I just can't believe how her lawyer stated such option.

Today I am going to the lawyer to find out if they have really stated that.
If they did, I would like the option in writing so I can show the judge.
I thought of it as a blackmail but wanted to hear what others had to say.

It's amazing when you are in the situation, you can sometimes lose your mind and think something that is Totaly Wrong as being.........well, sorta OK.
WHICH IS NOT THE CASE!!

Thanks for the info!!
 
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