My wife wants a divorce immediately after I got her a green card, what can I do? 21 Answers as of July 11, 2013

Any adequate judge or jury will see that she only wanted my money and a green card. We were married abroad and I didn't make her sign a pre-nup. What can I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
If she wants a divorce, you can't stop her. You may be able to get an annulment, as long as you weren't involved in defrauding INS. She'll probably be deported.
Answer Applies to: Oregon
Replied: 7/5/2011
ROWE LAW FIRM
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
Replied: 7/1/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
I would file for divorce immediately and cut whatever losses you have as quickly as possible.
Answer Applies to: Connecticut
Replied: 7/1/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You may qualify for an annulment if you can demonstrate fraud.
Answer Applies to: Washington
Replied: 7/1/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
Consult a local domestic relations attorney soon to find out how to enforce your rights. This issue is too complicated to effectively address here.
Answer Applies to: Ohio
Replied: 6/30/2011
    Law Office of Michael W. Bugni
    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
    Replied: 6/30/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 6/30/2011
    Deal & Hooks, LLC
    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
    Replied: 6/30/2011
    Horizons Law Group, LLC
    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
    Replied: 6/30/2011
    Stuart Jon Bierman  Attorney at Law
    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
    Replied: 6/30/2011
    Beaulier Law Office
    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
    Replied: 6/30/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    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
    Replied: 6/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    She might be deported for a sham marriage if you notify Immigration.
    Answer Applies to: Michigan
    Replied: 6/30/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Report her to immigration, you can't stop the divorce.
    Answer Applies to: Florida
    Replied: 6/30/2011
    The Coyle Law Office
    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
    Replied: 6/30/2011
    Meriwether & Tharp LLC
    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
    Replied: 6/30/2011
    Warner Center Law Offices of Donald F. Conviser
    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
    Replied: 6/30/2011
    Neville J. Bedford Attorney at Law
    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
    Replied: 6/30/2011
    Law Office of Margaret D. Wilson
    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
    Replied: 6/30/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You could file for a nullity on the grounds of fraud.
    Answer Applies to: California
    Replied: 7/11/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can get a lawyer (and should). If she wants a divorce, that will happen. What else happens (as to division of assets, etc) depends on what happens in the case.
    Answer Applies to: Georgia
    Replied: 6/30/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney