ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your wife may have married you with improper intent, which can be reported to the Immigration and Naturalization Service. If she is deported you may be relieved from the obligation to support her you undertook when you sponsored her application for a green card.
Answer Applies to: Louisiana
Law Office of Michael W. Bugni | Jay W. Neff
Your question involves two separate areas or bodies of law. They are family law and immigration law. You will have to contact an immigration law attorney to deal with the immigration law implications. As to divorce law: If your spouse really wants to get divorced, then, she is going to be able to do it. There are no juries in divorce cases in Washington. Therefore, any decisions in the case will be made by the judge. Ignoring the immigration law implications, how a court is going to divide up money, property and debts depends on a number of factors. One of them is the duration of the marriage. In a very short term marriage, the court generally tries to roll back the marriage and, to the extent practicable, put the parties in the positions they were in just prior to the marriage. The longer the marriage goes on, the more the court is going to be looking to divide things in a way that "takes care" of the disadvantaged spouse. Therefore, if you are going to get divorced any way, it may make sense to do it sooner rather than later. There are also other factors that the court considers. Some of these are: the age of the parties, the health of the parties, the education of the parties, and the work histories of the parties. All of these, and others, can swing the division of debts and property one way or another.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
Perhaps a better question is "what do you want to do"? If she wants a divorce, you can't stop that, so you need to proceed toward reaching a final agreement concerning financial issues. There are no simple "rules" as to how those issues are to be decided (if you and your wife cannot reach an agreement) but generally common sense has a big role. If you can't agree, a judge (no jury in Colo) will decide what is a fair division of any marital property acquired during the marriage and any issues concerning spousal support. One thing to keep in mind is that even if a divorce judge decides that spousal support for your spouse is not appropriate, if you sponsored her for entry into the US you probably signed a commitment to support her. You need to discuss the full situation with a qualified attorney to understand all the possibilities and how to deal with those.
Answer Applies to: Colorado
Deal & Hooks, LLC | Shawn P. Hooks
This will factor into how the property and debts are allocated, as well as whether or not to award spousal support. If you are contesting the grounds for the divorce it will be difficult to prevail and prevent the divorce from taking place, but an experienced lawyer should be able to help you to protect your assets in the divorce.
Answer Applies to: Ohio
Horizons Law Group, LLC | Michelle B. Fitzgerald
Many factors play in to property division - how long the divorce is, property each had prior to marriage, etc. The presumption is 50/50, but these other factors can be considered and argued. Please check our website for locations and further information.
Answer Applies to: Wisconsin
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
I think that you can file for divorce and also notify INS. It might be a good idea to do so since, among other reasons, from a legal standpoint it can't be a good thing for you to be either actively or passively involved in a part of a fraudulent scheme involving a sham marriage. You might also have some exposure if you continue to be legally married husband if she does something that gets you involved in improper or undesirable activities.
Answer Applies to: New Jersey
Beaulier Law Office | Maury Beaulier
I am not sure that I understand. What are the divorce issues? It would seem that on shirt term marriage few issues would exist. If you believe the motive for the marriage was fraudulent, an annulment may be available as an option.
Answer Applies to: Minnesota
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
This question involves both matrimonial law and immigration law. With respect to matrimonial law, your wife is well within her rights to seek a divorce. The fact that she may have used you to get a green card will not prevent her from getting a divorce and seeking a portion of marital assets under equitable distribution. You can make an argument to reduce her portion of any awards under equitable distribution or spousal maintenance based on the amounts you paid for her green card. With respect to immigration law, if she just received her green card, it is conditional for the first 2 years after issuance. This was put into place because of the large number of sham marriages where US citizens would get paid by foreign nationals to get a green card, and then divorce once the documentation was issued. By filing for divorce before she removes the condition to the green card, your wife runs the risk that Homeland Security will revoke the green card. From your standpoint, it appears that you were unaware of your wife's intentions, which is good since a US citizen who enters into a sham marriage runs the risk of being prosecuted for immigration fraud. Based on the complexity of your situation, I strongly recommend that you contact an attorney with experience in both matrimonial and immigration law.
Answer Applies to: New York
The Coyle Law Office | T. Andrew Coyle
You may be able to have the marriage declared invalid due to it being entered into on illegal grounds (your wife essentially committing fraud on you and the US government). It may be easier, however, to simply seek a divorce and you would then be able to notify the proper authorities that your marriage has ended.
Answer Applies to: Illinois
Meriwether & Tharp LLC | Patrick Meriwether
Georgia is an equitable division state. If you do not believe that it would be equitable for her to receive a significant portion of those assets you earned during the marriage, you should seek out an experienced divorce lawyer who can properly assess your case.
Answer Applies to: Georgia
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You could file a Petition for Annulment of your marriage based on fraud, but you should also request a Dissolution of your Marriage in your Petition, just in case the Court denies you the Annulment.
Answer Applies to: California
Neville J. Bedford Attorney at Law | Neville J. Bedford
Negotiate Mediate Litigate If you wish to file on the grounds of and allege fraud if that is your situation, the marriage may be voided, This may have immigration consequences, but more importantly, significant impact on equitable distribution.
Answer Applies to: Rhode Island
Law Office of Margaret D. Wilson | Margaret Wilson
In is not uncommon in California for a person to fall victim to an individual from another country that is desperate to become an American Citizen. Judges are often reluctant to find there was fraud if the parties were married over a year, have children, or had a long courtship. Since California is a no fault state, if the party is unable to prove fraud and void the marriage, they are subject to all the community property rules.
Answer Applies to: California