Getting a divorce - Can he claim it was a fake marriage after we were married for 8 years?

[idontknow123 1]

Hello,

So I've decided to file for divorce after things with my husband went south. He's become mean and spiteful, has threatened to have me fired (I don't know how he could but it's still scary) and now he just said he was going to claim our marriage wasn't real although it was an we were married for 8 years. I've been a resident since 2009 and I've had my 10 year green card since 2011.

Should I be worried about any sort of problems arising due to that? If it came to that I'm sure I could prove it was a real marriage although I hope it doesn't get to that.

Any help would be greatly appreciated.

[Cheezees 1,514]

You have nothing to worry about. I would suggest divorcing him and moving on to better pastures (men).

[Shauneg 762]

Divorce and forget him, no one is going to believe it's an 8 year sham marriage. Unless he has absolute hard evidence, which I sincerly doubt he does or it wouldn't have taken him 8 years to say something. Just trying to get you scared....

[idontknow123 1]

Thanks guys you've put my mind at ease. He's been trying to scare me in all kinds of ways but I just wanted to check with people who know more than I do. Again, thanks!

[Anh map 2,098]

Divorce and move on. Anyone who threatens with that kind of BS is worthless.

Divorce and move on. No issues for you. Anyone who threatens with that kind of BS is worthless.

[Expat1 971]

Hello,

So I've decided to file for divorce after things with my husband went south. He's become mean and spiteful, has threatened to have me fired (I don't know how he could but it's still scary) and now he just said he was going to claim our marriage wasn't real although it was an we were married for 8 years. I've been a resident since 2009 and I've had my 10 year green card since 2011.

Should I be worried about any sort of problems arising due to that? If it came to that I'm sure I could prove it was a real marriage although I hope it doesn't get to that.

Any help would be greatly appreciated.

LOL that's really funny. There's not a remote chance of pulling that off. What a dumb-###.

He should know that if he has you fired he's on the hook for spousal support so you might quietly remind him that if you are working and supporting yourself it saves him the liability of the court ordering him to do it - plus he still has a few years left on that pesky affidavit.

Best of luck

Edited July 5, 2015 by Expat1

[dwheels76 5,459]

Hey why not just file for your citizenship you can even be divorced from him and file you have meet the 5 year rule. Why subject yourself to such mental abuse. Know your rights.

[NancyNguyen 1,657]

One popular thing is USC spouses always threaten to deport, report fraud, destroy GC... when things are not smooth as expected.

[Darnell 8,478]

claim in a divorce petition? he can claim anything, you can counter against it, but it's up to the judge to approve the wording in the final divorce decree.

claim to immigration? he could certainly try, but he'd have to convince a FDNS officer of it.

If you are thinking about divorce, I suggest you file as the petitioner, then you control most of the proceedings and the calendar .

[Hotter Otter 1,211]

He sounds rather spiteful. He'd have a hard time proving the marriage was a sham after that long together. If he tries he'll probably succeed only in making himself look rather bitter.

As others have said why not divorce him and move on then you won't have to deal with him anymore.

[idontknow123 1]

Thank you all for your words! I feel better about it. I am divorcing him (already talked to a lawyer), he said he wouldn't contest the divorce just the threats of getting me fired and deported. I didn't reply to any of it (it was via text) until this morning when I asked him to please stop harassing me and to leave me alone. I realized he was kinda full of it when he called it NCIS instead of USCIS but still needed some affirmation that it would all be ok.

I will get my citizenship as soon as possible I just don't have the money at the moment, I just moved to a different state and I'm paying a lawyer to help me with the divorce so money is tight but I will as soon as I can.

Again. thanks for your help!

[Jawaree 717]

File for your citizenship and don't even tell him (not that it matters he cant deport you)

and proceed to divorce that petty guy

[Ortolan 381]

If you feel it's necessary, you might want to quietly mention to the HR department at your job that you're having some personal issues but that it will not affect your job performance (and don't let it). Hold your head up and go on with your life. Best of luck!

Edited July 6, 2015 by Ortolan

[MiaPA 12]

No he cannot, he is making empty threats to try and scare you into staying with him. Good luck in all you do moving forward.

[Cheezees 1,514]

Why some USCs think they are the ones who "gave" foreign spouses their green cards and therefore are the ones to "take them away" is beyond me. Unless there is actual fraud at the beginning of a relationship and NOT just resentment that the marriage fell apart, there is NEVER any backing to the threat of deportation. Not to mention such threats are a gross violation of trust/respect. IMHO, there is no recovering a relationship after those words have slipped out.

To the OP: I'm glad you are moving on.