What happens to my assets if I divorce my foreign spouse with a temporary green card?

[PandaEat 12]

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

 

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

 

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

Edited March 17, 2023 by TBoneTX
prohibited word edited

[OldUser 5,206]

Hi @PandaEat I'm sorry your marriage is heading towards the divorce. Your wife has the same rights just like as if you were married to an American lady. Nothing different in regards to divorce and splitting assets. All depends on the state laws. If you live in a community property state like Arizona or California, you'd have to split anything accumulated during the marriage 50/50 with her, even if she never contributed even a dollar.

 

No, you cannot take her green card away. You did not issue it and it's not your property. Only immigration judge can take her GC away and only if she cannot prove her marriage wasn't entered in good faith.

 

I suggest getting a divorce attorney and sorting the divorce out.

 

There's nothing you can do immigration wise. She will have to remove her conditions on green card without you. It happens all the time.

 

It's time to focus, get the divorce done and heal.

 

Good luck and I'm sorry you're going through this!

Edited March 17, 2023 by OldUser

[PandaEat 12]

18 minutes ago, OldUser said:

Quote

Hi @PandaEat I'm sorry your marriage is heading towards the divorce. Your wife has the same rights just like as if you were married to an American lady. Nothing different in regards to divorce and splitting assets. All depends on the state laws. If you live in a community property state like Arizona or California, you'd have to split anything accumulated during the marriage 50/50 with her, even if she never contributed even a dollar.

Are you sure about that? She is on a temporary GC why would she has the right to claim alimony? I thought only once she obtained the 10 years green card this can be claimed for alimony.

 

Quote

No, you cannot take her green card away. You did not issue it and it's not your property. Only immigration judge can take her GC away and only if she cannot prove her marriage wasn't entered in good faith.

What I meant was to talk to USCIS to cancel or withdrawal since we have problem with marriage.  

 

[OldUser 5,206]

16 minutes ago, PandaEat said:

Are you sure about that? She is on a temporary GC why would she has the right to claim alimony? I thought only once she obtained the 10 years green card this can be claimed for alimony.

 

What I meant was to talk to USCIS to cancel or withdrawal since we have problem with marriage.  

 

I'm 100% sure of that. She's has pretty much all the rights you have other than voting and taking certain jobs requiring US citizenship. 

 

You cannot withdraw or cancel I-751, it's her petition to remove her conditions. USCIS received a lot of bonafide marriage evidence and potentially statements from you during AOS and I-751. Even now you say it was a bonafide marriage. She'll have to file a new I-751 with a divorce waiver, or convert existing petition, but that's up to her.

 

Don't forget, you're still liable for her as the sponsor, because you filed I-864. Liable even when you divorce, and until she naturalizes or works and contributes social security for 10 years.

 

You can consult with an immigration lawyer if you don't believe me. But best to focus your energy on divorce, immigration wise you don't have any power over her.

Edited March 17, 2023 by OldUser

[TBoneTX 43,545]

*** One word edited in opening post.  Please avoid profanity. ***

---------------

Your best plan is to hire an excellent divorce attorney, and to avoid accusations of spousal abuse from this time on.

[PandaEat 12]

21 minutes ago, OldUser said:

I'm 100% sure of that. She's has pretty much all the rights you have other than voting and taking certain jobs requiring US citizenship. 

 

You cannot withdraw or cancel I-751, it's her petition to remove her conditions. USCIS received a lot of bonafide marriage evidence and potentially statements from you during AOS and I-751. Even now you say it was a bonafide marriage. She'll have to file a new I-751 with a divorce waiver, or convert existing petition, but that's up to her.

 

Don't forget, you're still liable for her as the sponsor, because you filed I-864. Liable even when you divorce, and until she naturalizes or works and contributes social security for 10 years.

 

You can consult with an immigration lawyer if you don't believe me. But best to focus your energy on divorce, immigration wise you don't have any power over her.

So why would immigration have the condition temporary GC the first 2 years then?  If couple divorce but spouse able to stay and claim the alimony? I see a lot people on here with spouse so afraid to be deport because they are on the temporary GC and the husband wants divorce.  I read on here people saying I can call USCIS to cancel the pending status? I'm so confused and this is a big headache.  I don't want to do split 50/50

[Dashinka 23,438]

1 minute ago, PandaEat said:

So why would immigration have the condition temporary GC the first 2 years then?  If couple divorce but spouse able to stay and claim the alimony? I see a lot people on here with spouse so afraid to be deport because they are on the temporary GC and the husband wants divorce.  I read on here people saying I can call USCIS to cancel the pending status? I'm so confused and this is a big headache.  I don't want to do split 50/50

There is really no difference between a 2 yr GC and 10 yr GC.  As @OldUser mentioned, if you get divorced, it does not mean your spouse cannot continue and get their 10 yr GC and eventually citizenship.  Actually if she were to get citizenship that would remove your obligation regarding the I864.  Beyond that, divorce law and immigration law are entirely different.  When you decide to get a divorce and it is finalized, the divorce court will rule on the property split depending on the applicable laws in your state.  Immigration wise, your then ex-spouse can proceed with the I751 under a divorce waiver which is done all the time.  

[carmel34 3,538]

5 hours ago, PandaEat said:

Are you sure about that? She is on a temporary GC why would she has the right to claim alimony? I thought only once she obtained the 10 years green card this can be claimed for alimony.

Most states require a 50/50 split for all marital assets and debts in a divorce.  The length of the marriage will likely be taken into account as well when determining alimony.  Her immigration status is irrelevant to all of this as she can re-file an I-751 with a divorce waiver, many have done this successfully.  You can't "withdraw" the I-751 as it is her petition, not yours.  Focus on the divorce and be civil.  It is in your best interest to negotiate an agreement with her and her divorce attorney.  Keep in mind that if she hires an aggressive divorce attorney, and the case goes to court, the I-864 that you signed could be used as leverage to force you to pay alimony for many years.

[Mike E 11,730]

Prenup early and often I say. And did.

 

Relevant: 

https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

[Stein 271]

6 hours ago, PandaEat said:

 I don't want to do split 50/50

It doesn't matter what you want.  It's what the law says you have to do when you divorce.  The court will decide.

 

In most states that means 50/50 of assets accumulated during the marriage.  So assets you had before you married would remain yours and the same for her as long as you can prove it.  So if you could show a bank statement the month before you married with a $30,000 savings balance or a 401k you probably could get that exempted.  But that said, 401k accumulated in the last 2.4 years could be attached to the split.  And if she worked for a year and didn't contribute to expenses and just saved all of that money it would go into the split as well.  Now if she worked and got paid and spent it or sent it all home to her parents it would likely be treated the same as spent on rent.  If she still has it then it gets thown into the pot to split as it was accumulated during the marriage.

 

Divorces at 2-3 years don't end up with a lot of alimony in most cases.  It's longer marriages where you can get wrapped into paying alimony and/or if one spouse makes significantly more than the other.  But you do still have the I-864 so hope she keeps working after divorce.

[davidvs 320]

9 hours ago, PandaEat said:

 I don't want to do split 50/50

Should have thought of that before you got married. 

[GEOntificator 273]

12 hours ago, PandaEat said:

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

 

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

 

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

Your assets will be split the same as any US citizen would in the state in which you are.

 

You have absolutely 0 power over her green card. You said marriage was entered in good faith. Leave this part alone as any spiteful action can be used against you in case of ugly divorce court.

 

If you want a divorce do it and move on. Be prepared to give up 50% of what you accumulated during your marriage. Likely spousal support too if you make much more than she does.

 

Good luck.

[JeanneAdil 6,307]

not knowing your state ,  u should google this info

 

your wife does not have to leave your living quarters 

and she left family,  friends and home to be with u so go lightly

 

and understand that some states u need to be legally separated for a year before court will grant a divorce

 

[igoyougoduke 1,622]

14 hours ago, PandaEat said:

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

 

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

 

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

lets not get carried way. you might be frustrated but its not the end of the world. move on with your life and a positive vibe for the future

 

file for divorce and move on..

 

divorce and immigration are two different matters. your assets will be split based on the state laws. what happens to immigration is her problem now.

 

 

[retheem 558]

14 hours ago, PandaEat said:

Current situation: My foreign spouse's 2-year green card expired in Dec 2022, and I helped her apply for a 10-year green card, it’s now in a pending state. We had a fallout during these 4 months, and I want to get a divorce. Just last week I got a letter from USCIS regarding the green card, and they gave her a temporary extension green card letter of 48 months. With her current situation is she entitled to get a split of my assets when I do the divorce? I don’t have any property only saving money. We do not have any kids. What rights does she have in terms of demanding money from me for the divorce? Can she sue me for doing the divorce? If she doesn’t sign the paperwork to divorce what are my options? Can I do the green card withdrawal or cancel the pending temporary green card?

 

Anyone with experience in immigration/divorce law please help answer these questions. I really appreciate your help.

 

Reason for divorce: Our marriage was entered in good faith, but we have a lot of problems in our relationship.  One thing is that my wife doesn't want to pay for anything.  I take care of all the bills and living situation.  She been in the US for 2.4 years and worked for 1 year and still currently working.  I asked her to help pay for the food, but she said no.  I'm to a point where I had enough of this bull.  That's why I'm divorcing her because she just using me.  I know she will fight and not want the divorce, that's why I need you guys to help me answer the above questions.  Thanks

Think outside the conventional box. I will leave it at that