Can I use my wifes illegal past to keep what is rightfully mine? 1 Answers as of March 25, 2011My wife and I have been separated and recently divorced. She was from Mexico, and supposed to go back when she graduated high school. However, she obtained a social security number (of a dead girl in Texas with the same birthday as her) and stayed until we got married. Five months after we married she got her green card and filed for divorce. She is now causing me all sorts of problems trying to take half of everything. What can I do to bring her illegal past to light and keep what is rightfully mine?
Feldman Feldman & Associates, PC | Lynne Feldman
Since your wife is now a permanent resident, her permanent residency belongs to her. She will have to self-petition to keep her permanent residency after the divorce. With regard to the distribution of your assets in the divorce you should consult a family law attorney. Did you have a pre-nuptial agreement before you married indicating what would happen to your assets in the event of a divorce. If not, the assets will be divided by the Court in accordance with law of the state where you live. The Affidavit of Support you signed to obtain her permanent residency remains in effect even after a divorce until she becomes a citizen or has 40 quarters of social security time so it is in your interest for her to remain self-sufficient and income producing.
Answer Applies to: California