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Thread: Another I-485 Divorce question

  1. #1
    I've been reviewing the forums, and it looks like a lot of people get married to aliens, then the marraige doesn't work out, and issues come up.

    I married my wife 2 years ago. We now need to complete the I485 petition to change status. Only problem is, she just dropped the divorce bomb on me. lol

    I married her out of love, even though we had problems. Our marraige was normal...ups and downs, but the divorce bomb really shocked me. There was no counseling, talks, etc...it was "I love you" one day, and "I want a divorce" the next.

    Anyway...I've met with a divorce lawyer, and he said she's entitled to half (approximately) of everything we got while we were married. Even my retirement??? lol...that is CRAZY! I make way more than her, and she makes beans, and had nothing coming into this, so obviously this is going to be a blow for both of us.

    At first she said she just wants the car, but now she's just turning greedy (stealing money from our account) and saying she wants to go to the courts, etc.

    Anyway, I just got off the phone with an Immigration Attorney, and he said I can withraw my sponsorship, and she would maybe have to leave the country. Or we would have an interview and things could be determined that way. She would have to find someone else, or leave...something like that.

    Quite honestly, I don't know if things were a fraud or not. I didn't go into the marraige thinking it was, but her out of nowhere decision to get a divorce is so...I don't know...questioning. I really don't know now. Maybe I'm just the normal husband who got blind sided by a greedy girl.

    I don't want to hold her status over her head, but I also don't want to get screwed in the divorce process. I want to be fair.

    Any lawyer on here know the specifics of what I can and can't do? And her? What rights do we have?

    Thanks!

  2. #2
    I've been reviewing the forums, and it looks like a lot of people get married to aliens, then the marraige doesn't work out, and issues come up.

    I married my wife 2 years ago. We now need to complete the I485 petition to change status. Only problem is, she just dropped the divorce bomb on me. lol

    I married her out of love, even though we had problems. Our marraige was normal...ups and downs, but the divorce bomb really shocked me. There was no counseling, talks, etc...it was "I love you" one day, and "I want a divorce" the next.

    Anyway...I've met with a divorce lawyer, and he said she's entitled to half (approximately) of everything we got while we were married. Even my retirement??? lol...that is CRAZY! I make way more than her, and she makes beans, and had nothing coming into this, so obviously this is going to be a blow for both of us.

    At first she said she just wants the car, but now she's just turning greedy (stealing money from our account) and saying she wants to go to the courts, etc.

    Anyway, I just got off the phone with an Immigration Attorney, and he said I can withraw my sponsorship, and she would maybe have to leave the country. Or we would have an interview and things could be determined that way. She would have to find someone else, or leave...something like that.

    Quite honestly, I don't know if things were a fraud or not. I didn't go into the marraige thinking it was, but her out of nowhere decision to get a divorce is so...I don't know...questioning. I really don't know now. Maybe I'm just the normal husband who got blind sided by a greedy girl.

    I don't want to hold her status over her head, but I also don't want to get screwed in the divorce process. I want to be fair.

    Any lawyer on here know the specifics of what I can and can't do? And her? What rights do we have?

    Thanks!

  3. #3
    Fooserx

    If she was a USC and only married for 2 years, she would also be entitled half of your Retirement and other assets during marriage.

    You haven't mentioned anything that shows she committed fraud by marrying you, and if she was, she would have waited until after she got her GC.

    Your marriage sounds like any other marriage that fell apart, going from what you have written.

    You said you don't want to hold her status over her head, but that is exactly what you will be doing if you don't think the divorce is fair (for you).
    No divorces are fair, there will be always one party not happy.
    Just because she is an immigrant, doesn't give you extra rights in a divorce. As long as she is legal, and married in good faith, the divorce courts will still give her what the judge will think is fair from your marriage.

    I do understand what you are saying, but whether she is a USC or an immigrant as your wife, she still has the same rights in a divorce court.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  4. #4
    My suggestion would be try and work it out amicably somehow, otherwise a contested divorce can cost a lot of money, drag on, and be very stressful.

    You can go to mediators and see if you can work out a fair divorce.

    In some divorces instead of taking half of the retirement, something else in lieu of can be given. She might not be as greedy as you think if she really wants out of the marriage, smoother and quicker.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  5. #5
    Well the lawyer said I can withdraw my sponsorship, no?

    How is that holding something over her head?

    Why would I want to sponsor someone I don't like?

  6. #6
    >>>>If she was a USC and only married for 2 years, she would also be entitled half of your Retirement and other assets during marriage.

    That's just dumb. I mean...it's the law, but it's not fair.

    >>>>You haven't mentioned anything that shows she committed fraud by marrying you

    Nope. I'm not bitter and saying it was for sure fraud, but when your spouse hits you with divorce one day...wouldn't you wonder under these circumstances? I totally see your side...any girl could make that choice.

    >>>and if she was, she would have waited until after she got her GC.

    Not if she's super dumb like my wife is.

  7. #7
    I am in no way an expert. I see you didn't file the I-485 when you got married but I assume you filed the I-130? How come you didn't do it as a package?

    If she has not even filed for adjustment of status I wonder if she has any legal claims to your property at all since she is still considered a NON-immigrant (I think). I would also think that if you withdraw your sponsorship and divorce her, she will no longer be able to file for adjustment of status and will not be albe to stay in this country. As I said, I am by no means an expert, this is just my interpretation of what I've read.

    I think that this is a time when you want to invest in a good lawyer that's versed in both immigration issues and divorce law. I think it will be well worth the money.

    You say you don't want to hold her status over her head. I say that if you feel that she's trying to get the better of you, you should. I had a friend who married an englishman. He hit her and abused her mentally as well. She was one of those "nice" people though that didn't want to screw up his status so she stayed married to him until he got his green card. I think that's totally apalling. She had the power to send him a message that it's not okay to be abusive but she wanted to be "nice".

  8. #8
    I believe I had the wrong form.

    I think the I-130 petition is the one we need to do now. I got mixed up. I guess we filed the I485 a while ago, waited 2 years, and now we need to file this one.

    I don't mind a divorce, but being taken advantage of is kinda annoying.

  9. #9
    As far as I know you can't file an I-485 before an I-130. If you filed it it's just sitting there waiting for the I-130. You can't petition to adjust status before presenting the reason for wanting to do so, which is the I-130.

    I think you need to look into your paperwork. If you have not filed the I-130 she is not even in legal status as far as I know.

    Have you gotten any receits back? Did you file an I-864?

  10. #10
    Keep this thread up and hopefully Rough_neighbor will see it. He(she?)knows a lot more than I do. I'm just a newbie.

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