Hello all,

I'm in one heck of a pickle and given all the parameters of what's going on with my situation, any input would help. I'm a U.S. citizen FYI. Here's the situation: Married my spouse in Mexico late in '05. We didn't want or ask for any legal documentation for the wedding in Mexico because we thought getting here would be quicker/cheaper with the K1 instead of a K3 (per the USCIS website, it appears that the ceremony itself constitutes a marriage, ergo we got married knowingly under the wrong visa, hence why I mention visa fraud). So we got legally married in the US shortly after. Fast forward 16 months, in addition to more drama than I ever thought I'd have to deal with ranging across virtually every aspect of the relationship, the spouse refused to seek work, or contribute in any way, creating financial difficulties as well as a lot of emotional stress for myself. This was totally unanticipated because we had discussed work opportunities long before getting married. This was eventually a deal breaker for me I guess. I guess I'm trying to say that I was not looking for a homemaker and made that abundantly clear. So, after a lot of escalation, I finally filed for divorce. I promptly get hit with a summons for spousal support and based on my salary, and her perceived inability by the officer to find a decent job in spite of the fact that she almost has a master's degree, I was told that I would have to pay an amount in spousal support that would literally bankrupt me in less than 6 months. I have crushing debt from a previous business I owned and the office won't factor that debt into the support calculation, so I am actually left several hundred dollars negative per month based on her lack of income ability and lack of consideration of my debt if pay this amount of support. The spouse had gone home to Mexico and only flew up for the hearing and then flew back again immediately after. Spouse had done their homework and saw a few lawyers that said that since they had a conditional greencard, they could stay in the country for about two years if they so chose, easily long enough to destroy my life and career. Officially support should only last approximately a third or a fourth the length of the marriage, but I was told to expect to have to pay this amount for approximately two years due to the fact that there are several ways of filing motions and extensions to extend the length of support, which is why they opted not to settle for what I thought was a significant amount in lieu of a support agreement. So, this is going to appeal, but unless the appeal changes the scenario drastically, I will most likely have to quit my job in a few months and move back home while possibly risking criminal prosecution for doing so because I have no doubt that the spouse would say I was doing it to avoid paying support when in fact I'll have to do it to afford to eat. In short, I'm pretty screwed it appears. I'm basically a walking paycheck I realized in spite of the fact that I had a short marriage and there are no children or property to be considered. I was used basically. Additionally, she refuses to sign divorce papers because she knows this might expedite her being forced to leave the country I believe.

I guess my question is this, is there any kind of benefit to turning myself in for the visa fraud? Technically, I'm beginning to wonder if I'm even legally married. There's all kinds of precedent and protections for abuse of immigrant spouses or using immigrant status to coerce or abuse them, and rightfully so, but what about the reverse? I didn't think I was getting into a sham marriage but now, it really feels like I'm being taken advantage of financially by someone who wanted to use me to get access to a lifestyle more than to be with me. Any advice or input would be appreciated. Thanks for your time.

Sansa

Sansa,

It's certainly no fun to read of such things...but you don't need VJ advice, you need a good family court lawyer (aka Divorce Lawyer). I think you have enough legal issues in your life without introducing criminal troubles into it.

No matter what you read here - consult with a good firm before you do anything rash.

We wish you the best...

Yes, you need a really good lawyer, they have free consultations...I know in Texas, the max spouse support(I hate it and it should not exist) is $600 a month, for a period of upto three years.

It is hard to believe that a court would sanction such onerous spousal support, unless you are financially able to pay. I don't understand why you would have allowed this to get to this point. As for the misuse of the visa, well that's quite another story. Is this being used against you by your spouse in order to affect a better settlement?

And this is why we get pre-nups!

The part about visa fraud would not change the part about spousal support. You are married, whether it was Mexico or US. If in the US, then normal divorce laws state that if your spouse didnt work during the marriage, you need to support her (vaires depending on what state you got married in). If in Mexico, then the I-134 makes you financially responsible. The key item I think you may need to consult with an international divorce attorney (not just divorce attorney, who will not have in depth experience with other countries laws), is the fact that she's returning back to Mexico.

First, her return may not require you to pay support what so ever, because she's returning home, where she was before responsible for herself.

Second, even if her return home still allows her to collect spousal support, the fact that she'll be living in Mexico (and not FL) may mean that the spousal support amount will be much lower (based on standard of living cost in Mexico)


I'm not 100% what I write is exactly fact, but I think I heard/read this somewhere, so its worth a try to research.


Also, check out with a "good" attorney on the spousal support... it's not suppose to bankrupt you. Some assumption they used may be incorrect (like omitting the debt factor)

Good luck

Well, actually you aren't required to support someone who didn't work if their earning capacity is actually equal or greater to your own. That was part of the problem, since they had refused to work, and their work history had been in Mexico, they really had no idea how to go about determining their earning capacity in the initial support conference Even though my spouse had had great jobs in mexico, a great resume, and good college education, they ended up being rated as only being able to the equivalent of entry level retail. This created the huge disparity in incomes, and therefore the huge support order which is calculated as 40% of the difference in incomes. Her earning capacity varied by well over 30,000 depending on whether you incorporated skills or education or not. Very frustrating.

I thought that spousal support was determined based upon the "standard of living to which the recipient had become accustomed" and not necessarily related to their earning potential. Sounds like your attorney did you a disservice, especially if now after the court's mandate, you are going to have to quit your job to return to live with family just to make ends meet. I wouldn't pay the attorney's bill, if I were you. He or she certainly didn't do you any favours

You're right in that the intent is to be able to maintain the standard of living, but the calculation to do that looks at income. To further clarify the situation, I appealed the ruling and will have another hearing in June in which it is likely that at least my debt will be considered. Basically, the appeal is a full blown court hearing with the only exception being that you're presenting to a special attorney instead of an actual judge. All all the information regarding the relationship is presented, and not just the raw incomes. I have the potential of having the original hearing over-turned or reduced, but there's no way of knowing, and I have very little faith of that happening.

Also, regarding the whole moving back to Mexico means they get paid less statement earlier. They are using an address in Texas (we lived in Pennsylvania), I believe of a cousin who they haven't seen in many years. I know the spouse has no intent of actually living there, but it covers the base of residence. They've done their homework as I've said. I think whoever suggested getting an international divorce attorney was right. Does anyone know of one they'd suggest?

I have found that my best resources are friends in that profession. Do you know of any lawyers where you live? If so, contact them and ask them for some names. My lawyer friends, while not specializing in what I have needed in the past (one is an estate lawyer), have never steered me wrong. Use your network.

That wife of yours is a web of deceit. I with you luck in finding a good laywer to untangle all of it.

I do know of one lawyer through my work... I guess it couldn't hurt to try some additional networking through him.

First of all, separate the Federal Immigration laws from State divorce laws. Her immigration status is of no interest to a state court regarding divorce.

Judges do not award spousal support to able-bodied young women who are capable of supporing themselves, especially when there are no children involved and day care is not an issue. Just because some lawyer demands something in no way means that is the way that the judge rules on such issues.

Even in a long term marriage (more than 7 years), where the wife has been a stay-at-home mom raising children, the wife only receives spousal support for half the length of the marriage.

Divorce is a luxury item and the standard of living will decrease for both parties if one paycheck is now going to support two households.

You need to talk to a lawyer and not sweat it too much. Just pay the lawyer, get the divorce (whether she signs or not) and get her out of your life. Her federal Immigration issues will be her problem.

Yes, I agree with 'the way it is,' talk to a divorce attorney. Judges usually don't allow spousal support for any short marriage when there is no child involved.

PLease don't spread what you 'think' you've heard. You should either answer factually or not at all. This does the OP no favors.

OP - Please consult a good lawyer.

I'm so sorry to hear your terrible experience..

I say see and attorney.. you'll get the best advice..

and good luck..!!

as for your ex... what a Bi##h!!!!

Sansa,

You should be doing the same, yet I see no mention that you have in your posts.

Yodrak

i would not admit visa fraud in any way tho. that comes with big penalties.

It sounds as if you didn't do your homework and were outsmarted. Keep in mind she is being inconvenienced going back and forth. I always believed it is better to be the plaintiff than the respondent. If it were me I would find a good attorney and file for divorce immediately. As you said she isn't living in texas but mexico. She will be sent a registered summons. There is a possibility that summons will be returned undeliverable. After all, texas is her last known address. Food for thought Sansa

I would do some homework and try to prove she was the fraud and youre not really married just a thought.

Why are threads from 8 months ago being commented on?

I believe that I am a victim of marriage fraud. Can I contact the INS and request that my spouse be deported?

I have encountered many nasty divorce cases wherein an embittered spouse gets dumped by an alien spouse. The immediate reaction by the U.S. spouse is to undertake efforts to have his/her spouse deported. The U.S. spouse often will contact the I.N.S. and request that their spouse be deported based on the grounds of marriage fraud. My advice to the U.S. spouse is to chalk it up as a bad experience and to avoid being vengeful. I also advise the U.S. spouse that he probably was aware of the risks of the marriage, and that he has to accept the failure of the marriage.

If the alien spouse is seeking to "shake down" the U.S. spouse, then I may advise that an annulment be pursued. Fraud in the inception of marriage is grounds for an annulment. An allegation of marriage fraud may be made to obtain an annulment by the spouse of an alien who gained legal resident status through marriage. It is very important for an alien spouse to vigorously contest any annulment based on fraud. An annulment complaint can really "soften up" an alien spouse. This strategy can really work wonders, and significantly reduce an alien spouse's demands in any divorce case.

Unfortunately, there are risks with this strategy. A U.S. citizen could face criminal liability for a marriage fraud allegation. It is important to inform any U.S. citizen that if they had any knowledge of an alien's intention to marry in order to gain legal resident status and that citizen participated knowingly in the sham marriage, criminal provisions subject U.S. co-conspirators to a felony prosecution under 18 U.S.C. Section 1001.

To conclude, the best strategy for a U.S. citizen to follow is to avoid the obvious impulse of trying to have your ex-spouse deported. You don't have to continue to sponsor her immigration application. However, you should avoid the impulse to try to "nuke" her application. If the alien spouse is seeking excessive alimony and unrealistic demands for equitable distribution, then the U.S. citizen may want to pursue an annulment. Alternatively, the U.S. spouse could insert a count of marriage fraud in the divorce complaint. It is very rare for a U.S. citizen to be prosecuted for marriage fraud. The U.S. Attorney is really more interested in pursuing immigration fraud on a mass level, such as slave labor cases. However, the laws do exist on the books. If an alien spouse is money hungry in a divorce case, then pursuing an annulment or alleging fraud in the divorce complaint is the equivalent of putting a "monkey wrench" in her plans.

This is only one man's opinion. The above information is from Theodore Sliwinski, Esq. at http://www.divorcecenterofnj.com

Precisely and anyone that says Prenups are untrusting or non romantic is in dream world and fairy tale land. Everyone that gets married should have to have one, it would eliminate the need for all these attorneys and out of control divorce laws which are totally unbalanced. This is bad situation for Sansa now, hope it works out, better go get legal help now.