A fast advice is needed for a friend

[No-Where-Man 147]

Hello

I got a call from one of my friends who lives in New York, who have an issue that I was not able to give him much informations about, hope who have an experience to give more details.

He is the beneficiary, she is the USC , he has Conditional Green card, and not yet eligible to remove conditions

There are alot of troubles between them, and told me he is out for two days now already(she didnt kick him out, but he decided to avoid more troubles or confrontations), I didnt know all the details and if he is mistaken by any mean, but I would love to help making sure he doesnt evade any laws by any mean, I already know some informations about the Immigration side of it, but yet I have questions about civil and immigration,

1: She owns a proberty in New York that has only her name on it, in case of divorce, is he entitled to any of it?(he doesnt own anything here by his name).

2:Does anyone knows about divorce laws in New York and how it work? any link would be helpful.

3:in case of divorce, cant she hurt his process of removing his conditions and how to avoid that? (he cant go back to his country)

fast replies are appreciated, I would really love to help him doing the right thing

Thanks alot

[Inky 1,111]

1. He needs a divorce lawyer. Hes not entitled to her property but he can try to get it through the divorce.

2. He can ROC on his own after he divorces, if he can prove the marriage happend in good faith and he has proof.

So get a divorce lawyer talk to them and see what his options are.

[No-Where-Man 147]

Thanks Inky, I appreciate it, more inputs are welcome as well

1. He needs a divorce lawyer. Hes not entitled to her property but he can try to get it through the divorce.

2. He can ROC on his own after he divorces, if he can prove the marriage happend in good faith and he has proof.

So get a divorce lawyer talk to them and see what his options are.

[JimVaPhuong 4,863]

Hello

I got a call from one of my friends who lives in New York, who have an issue that I was not able to give him much informations about, hope who have an experience to give more details.

He is the beneficiary, she is the USC , he has Conditional Green card, and not yet eligible to remove conditions

There are alot of troubles between them, and told me he is out for two days now already(she didnt kick him out, but he decided to avoid more troubles or confrontations), I didnt know all the details and if he is mistaken by any mean, but I would love to help making sure he doesnt evade any laws by any mean, I already know some informations about the Immigration side of it, but yet I have questions about civil and immigration,

1: She owns a proberty in New York that has only her name on it, in case of divorce, is he entitled to any of it?(he doesnt own anything here by his name).

2:Does anyone knows about divorce laws in New York and how it work? any link would be helpful.

3:in case of divorce, cant she hurt his process of removing his conditions and how to avoid that? (he cant go back to his country)

fast replies are appreciated, I would really love to help him doing the right thing

Thanks alot

Divorce law in New York changed last year. New York is now a "no fault" divorce state, though divorce for grounds is still permitted. If the divorce is by mutual consent then it's a "no fault" divorce; e.g., neither party is held to be at fault for the breakdown of the marriage.

Whether he gets any of her property depends, first, on whether she agrees to give it to him. Usually, the attorneys for both parties will meet with their clients to determine what they want and expect in a property settlement, and then the attorneys will meet with each other to hash out a settlement. If the attorneys agree on all points then the divorce can proceed to the family court uncontested. Otherwise, the divorce will be contested and the attorneys will have to present their cases to the judge.

Like most states, New York considers the equitable distribution of marital assets, which means assets which were acquired during the marriage. Assets acquired prior to the marriage are separate property - the other party has no legal claim to them. If she purchased her home before they were married then it's unlikely she would agree to give him a share of it, and equally unlikely that the court would order her to give him any of it. If she made mortgage payments out of the marital assets (e.g., money earned by either party during the marriage) then he might have a claim to a prorated portion of the equity in the home. However, given the current state of the real estate market, it's unlikely her equity stake has improved in the past two years. If she has less equity now then she had when she entered the marriage (unless it's because she took out a loan against the equity) then he doesn't have a claim to anything. If the mortgage is currently underwater (if she owes more on the mortgage than the home is worth) then he would be insane for fighting for a share of ownership since he'd essentially be fighting for the right to claim a debt rather than an asset.

Here's an overview of divorce law in New York:

http://en.wikipedia.org/wiki/New_York_divorce_law

If she believes he entered the marriage in order to get a green card, and she sends evidence of this to USCIS, then yes - it most definitely could affect his changes of removing conditions on his own.

[Brit Abroad 166]

Why would anyone who married another who already owned property believe they are entitled to a share of it? That's just greed. Tell your friend to act with a little more honour and dignity than to chase after property that he played no part in acquiring.

As mentioned above, RoC can be done after divorce and no, the ex-wife wouldn't be able to stop it. Unless, of course, there is a documented history of violence on his part with the police or the courts.

A local divorce lawyer will be able to handle the paperwork and the RoC can be done without lawyers of any kind once the divorce is finalised.

[No-Where-Man 147]

This is what I told him at the begining

but from his words she is causing a hardship for him

he is unemployed as he was laid-off, and it seems that since then she is taking control over everything even what belongs to him since he is not able financially to do so

being said, he is thinking to get out at least getting back what he worked hard for like his own car(tht carry her name only) etc etc

I just called him and I advised to solve the issue with her first and let the divorce to be the last solution, I even offered to interfer if they both agree to try getting issues solved and not to end the marriage since I know her personally as well.

so hopefully I hear good news soon

Thank you everyone for their comments and ideas about that matter

Why would anyone who married another who already owned property believe they are entitled to a share of it? That's just greed. Tell your friend to act with a little more honour and dignity than to chase after property that he played no part in acquiring.

As mentioned above, RoC can be done after divorce and no, the ex-wife wouldn't be able to stop it. Unless, of course, there is a documented history of violence on his part with the police or the courts.

A local divorce lawyer will be able to handle the paperwork and the RoC can be done without lawyers of any kind once the divorce is finalised.

[No-Where-Man 147]

Thanks for your input, its really useful

The major problem that he has been there for only 7 month on a CR-1, no much evidence of bonafide marriage since he got laid off and she took control of everything under the influence he cant financially do so.

Hope they work it together though

Divorce law in New York changed last year. New York is now a "no fault" divorce state, though divorce for grounds is still permitted. If the divorce is by mutual consent then it's a "no fault" divorce; e.g., neither party is held to be at fault for the breakdown of the marriage.

Whether he gets any of her property depends, first, on whether she agrees to give it to him. Usually, the attorneys for both parties will meet with their clients to determine what they want and expect in a property settlement, and then the attorneys will meet with each other to hash out a settlement. If the attorneys agree on all points then the divorce can proceed to the family court uncontested. Otherwise, the divorce will be contested and the attorneys will have to present their cases to the judge.

Like most states, New York considers the equitable distribution of marital assets, which means assets which were acquired during the marriage. Assets acquired prior to the marriage are separate property - the other party has no legal claim to them. If she purchased her home before they were married then it's unlikely she would agree to give him a share of it, and equally unlikely that the court would order her to give him any of it. If she made mortgage payments out of the marital assets (e.g., money earned by either party during the marriage) then he might have a claim to a prorated portion of the equity in the home. However, given the current state of the real estate market, it's unlikely her equity stake has improved in the past two years. If she has less equity now then she had when she entered the marriage (unless it's because she took out a loan against the equity) then he doesn't have a claim to anything. If the mortgage is currently underwater (if she owes more on the mortgage than the home is worth) then he would be insane for fighting for a share of ownership since he'd essentially be fighting for the right to claim a debt rather than an asset.

Here's an overview of divorce law in New York:

http://en.wikipedia....ork_divorce_law

If she believes he entered the marriage in order to get a green card, and she sends evidence of this to USCIS, then yes - it most definitely could affect his changes of removing conditions on his own.

Edited August 15, 2011 by no_where_man

[VanessaTony 3,567]

This is what I told him at the begining

but from his words she is causing a hardship for him

he is unemployed as he was laid-off, and it seems that since then she is taking control over everything even what belongs to him since he is not able financially to do so

being said, he is thinking to get out at least getting back what he worked hard for like his own car(tht carry her name only) etc etc

I just called him and I advised to solve the issue with her first and let the divorce to be the last solution, I even offered to interfer if they both agree to try getting issues solved and not to end the marriage since I know her personally as well.

so hopefully I hear good news soon

Thank you everyone for their comments and ideas about that matter

If he can't "financially" look after "what belongs to him" then it does NOT belong to him and instead belongs to the bank. You said the car is in HER name yet refer to it as "his" car. If he cannot work to pay it off then she has to (so it doesn't hurt her credit rating) and so I understand her not wanting him to drive it if its in her name and he can't afford to pay it.

To me this is reading a lot like he feels like he's "owed" something out of the relationship. He's not. He's entitled to what is his, if he can't pay for what is "his" and its in her name (so not ACTUALLY his) then he should sell it or return HER property (it is in her name and therefore hers).

It sucks, I know it does. He probably feels like he's gotta start all over again and he does. He needs to stop feeling like he's owed something and just move on and up.

[Wanda and Amel 17]

I agree with Brit Abroad. Everytime I see someone comment about USC's property prior to entering in these relationships and how they can get part of it, it just sends a craw up my butt. Why? Because it happened to me. My ex-husband is an immigrant (I did not bring him here. When I met him, he was already in the US). We were married approximately 6 years, and when we divorced, I ended up having to refinance MY house to pay him off or he was going to take me to court and make me pay him half, yes half.

Sorry I took over the OPs post. And I in no way mean to be judgmental, but this really stings for me. I apologize in advance.

[LIFE'SJOURNEY 970]

If he can't "financially" look after "what belongs to him" then it does NOT belong to him and instead belongs to the bank. You said the car is in HER name yet refer to it as "his" car. If he cannot work to pay it off then she has to (so it doesn't hurt her credit rating) and so I understand her not wanting him to drive it if its in her name and he can't afford to pay it.

To me this is reading a lot like he feels like he's "owed" something out of the relationship. He's not. He's entitled to what is his, if he can't pay for what is "his" and its in her name (so not ACTUALLY his) then he should sell it or return HER property (it is in her name and therefore hers).

It sucks, I know it does. He probably feels like he's gotta start all over again and he does. He needs to stop feeling like he's owed something and just move on and up.

I totally agree, for 7 months of marriage he/she is only owed some clean underwear, and nothing else. This marriage smells of fraud, after 7 months he wants to be made whole,probably more than he had in entering the US.

[san diego 407]

Again, bringing up the question of younger middle eastern men marrying USC older females. I believe, 99% of them is a fraud.

[Harpa Timsah 13,258]

I agree with you, but where does it say that the USC is older in this case?

[No-Where-Man 147]

She is older than him, but both from similar cultures, he is Egyptian, she is American/palestinian

I do agree with some of what many members here said, in my opinion that he didnt set up the way that their relation should be, in my case my wife is older, she is American, and my name is everywhere, as we developed trust and security beside agreements if something bad happened to our relation, this is something he didnt do, and that was my talk with him.

To be honest he really DID NOT want his name only on anything, but he wanted both their names so that he can build security beside having evidences for immigration when its time to remove conditions , which is something I think is right.

but she had a past where an american husband divorced her and making her refinance everything to pay him, and I believe this is one of the issues

My advise to him was built on your opinions and my own thoughts to fix the relation rather than escaping and thinking of a way out with profit.

some other things she did to him I didnt mention her for its privacy and sensitivity, but in short (and this is one side of the story) that she is neglcting him and his needs, Its my understanding that marriage is sharing, respect, and love. neglect and not sharing for the sake of developing security and trust is why he told me he thought to get out and take what he believes his, he is afraid about divorce cause he has nothing even all what is his is owned by her due to the fact he didnt have any credit score yet, can get any loans, got laid off so there is no income, and he feels she use that to control, neglect and disrespect him.

My experience with her is that she is a very nice person, hopefully they work it out.

[No-Where-Man 147]

I think it would be better to share good ideas and opinions rather than these (I will call it non-smart) individual opinions

Fraud doesnt know a country, its every where from the middle east to here including Russia.

Again, bringing up the question of younger middle eastern men marrying USC older females. I believe, 99% of them is a fraud.

[san diego 407]

I think it would be better to share good ideas and opinions rather than these (I will call it non-smart) individual opinions

Fraud doesnt know a country, its every where from the middle east to here including Russia.

In this case why is it that >90% what I see from the middle east here are much older USC females and younger males from middle east? No wonder it is so tough to get visa in Casablanca or Cairo... BTW fraud does know countries.. You barely see any from UK or France or Israel, more from Russia, and vast majority from Middle East.

Edited August 16, 2011 by san diego