Extreme hardship after GC conditiones removed

[Dob3rman 0]

Hello,

please suggest something.

My friend has a situation. 4 years ago he had brought his fiancee to the U.S. and they got married right after. In 2007 his wife got a conditional green card. In 2009 she had her conditions removed. Right after she had her conditions removed she started giving my friend hard time. He realized that his wife used him to get the green card. My question is, can my friend do something? He wants to divorce her but he's going to have bad consequences. He has 2 children from his ex-wife (one is 14 and the other one 25).

Edited September 11, 2011 by Dob3rman

[Drogs 24]

Posted in the wrong place, But you need to expand on the information, You mention Ex wife??? Children (14) and a 25 year old??????

Post in correct area and give more info for people to help him.

[Inky 1,111]

If he wants a divorce just get a divorce. Thats it. If its such extreme hardship get out of the situation and move on with his life.

Nothing he can do since she has 10 year green card so he cant take it away from her or anything like that. Get a really good divorce lawyer and move on.

[Penguin_ie 5,994]

***** Moving from ROC forum to Effects of Major... as the person in question already has a ten year greencard *****

Unless the husband has strong evidence of immigration fraud, there is nothing he can do about the (soon to be ex-) wife's greencard. If he has such proof, he should contact ICE (contact details at the bottom of every VJ page).

He can divorce her, that has nothing to do with immigration. If the kids are his, then he can try to get custody of the younger one.

[Dan & Jenni 457]

He wants to divorce her but he's going to have bad consequences. He has 2 children from his ex-wife (one is 14 and the other one 25).

why cant he just divorce her?? if the children are from his ex wife and not his current wife then what do they have to do with all this??

[Dob3rman 0]

Drogs, sorry for confusion. I can't edit my post anymore (there is no such option).

I want to clarify something. There are 2 moments: she wants half of his property + he is still her sponsor. The children don't play any role in this case since they are his ex-wife's. I mentioned them because I thought he will have more privileges in court when dealing with property.

So, if they get divorced, will he still stay her sponsor? If yes, for how long? And if there is a chance to prove extreme hardship, what are the benefits of this?

Thank you all for help.

Edited September 11, 2011 by Dob3rman

[Penguin_ie 5,994]

The property thing is purely up to the divorce courts.

Yes, he is still her sponsor when they divorce, and will remain so until either of them dies, she becomes a US citizen, she has worked 40 quarters (= ten years if she works all the time) or she goes back home and abandons her greencard.

[Dob3rman 0]

The property thing is purely up to the divorce courts.

Yes, he is still her sponsor when they divorce, and will remain so until either of them dies, she becomes a US citizen, she has worked 40 quarters (= ten years if she works all the time) or she goes back home and abandons her greencard.

Thanks!

[NigeriaorBust 4,087]

She may want half his property but she probably isn't entitled to much if they have only been married for 2 years. What state are they in ?

[JimVaPhuong 4,863]

Drogs, sorry for confusion. I can't edit my post anymore (there is no such option).

I want to clarify something. There are 2 moments: she wants half of his property + he is still her sponsor. The children don't play any role in this case since they are his ex-wife's. I mentioned them because I thought he will have more privileges in court when dealing with property.

So, if they get divorced, will he still stay her sponsor? If yes, for how long? And if there is a chance to prove extreme hardship, what are the benefits of this?

Thank you all for help.

In most states she would be entitled only to half of the marital assets. Any assets each spouse owned prior to getting married are usually considered the separate property of each spouse. Marital assets are assets acquired during the marriage. It may also include an interest in assets partially acquired during the marriage, such as equity in a home if mortgage payments were made during the marriage from marital income, or a share in a retirement account for contributions made during the marriage, etc. Most states allow the spouses and their attorneys to hash out the property settlement. It's unlikely she'll get half of everything he owns unless he owned nothing going into the marriage.

Few states award alimony anymore except in cases of long term marriages (e.g., ten years or more). Most states don't order spousal support in cases of relatively short term marriages (e.g., less than five years). The difference between the two is that alimony is paid for life or until the recipient remarries, while spousal support is paid for a fixed period of time. She may have a shot at spousal support for a relatively short period of time. A big exception would be if she became unable to work during the marriage (i.e., disabled) - he could get stuck supporting her for a very long time.

The affidavit of support is still enforceable. It will remain in force until she becomes a US citizen, or she works for ten years, or she loses her immigrant status and leaves the US, or either of them dies. However, there haven't been very many cases where it's been used in family court as a basis for spousal support. The family code in some states won't allow the judge to consider anything but the formula provided for in the law. In other states the judge can't consider any contract unless it was agreed to by both spouses, and an immigrant isn't a party to the affidavit of support. If she's got a mean streak then she could always try suing him in a civil court, but those cases have also had mixed results.

He should hire the most vicious, evil, twisted lawyer he can find. He may not like talking to a lawyer like that but his wife will like facing him in court even less. If he hires a likeable milk toast of a lawyer then he's going to get steamrolled in court.

[NoneYa 73]

and people wonder why SOME PEOPLE want a prenup on their second marriage.

Edited September 12, 2011 by DaleFlorida

[bestofboston 36]

Being divorced 3 times, the last two were gold diggers, you do not have to give up any property on a short term marriage.

She is only entilted to 1/2 property you have gained since your marriage. Everything you had before should remain yours. With the economy in the state that it is, you most likely did not experience any gain what so ever.

My last marriage was to a Ukraine and the only thing I gave her was the money she put into condo we bought together.

Every state differs but the days of women taking everything on second and third marriages is over with.

Relax, just don't panic and give up more than you need.

Good luck!