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

[Sarge2155 4,571]

Speaking from experience, your best offense (since you are going to be the one filing) is to remain civil and cordial, the more you raise a ruckus with her the more pressure and reaction she can levy against you. Like what has been pointed out she only can get a 50/50 split of the assets you accumulated during the marriage, so stop accumulating!!

 

It is in your best interest to get the ball rolling NOW and end this swiftly. Encourage her to naturalize as also what was pointed out her naturalizing gets you off the hook for the I-864. Another important tip: Should you have carnal knowledge with her at any time during this time where you have made it known that you wanted a divorce that will go badly against you later in court. Also protect yourself against false domestic abuse allegations. Depending on your state and in most states the cards are going to be stacked against you.

 

My recommendations do a DIY divorce you can get the forms online again depending on your state. It works well especially if you have no kids as you say, and no property. If you are going to do it...DO IT. Mind you with today's divorces you do not need a reason to divorce each other. File before she does and I am sorry for your troubles, but like war marriage is hell and you have to defend and protect yourself.

Edited March 17, 2023 by Sarge2155

[Marieke H 2,342]

The 2 year conditional green card is not a trial period for you to decide if you want to keep your immigrant spouse. You have no control over her immigration status, and you don't get to send her back now that things didn't work out. The best thing that you can do is to encourage and support her to naturalize, so at least you won't be on the hook for the affidavit of support anymore. Other than that, divorce proceedings and outcomes will be similar to what they would be if you had married a US citizen.

[Rocio0010 5,573]

It’s in your best interest that she naturalizes asap. 
And no, you can’t withdraw the 751 because it’s not your petition to begin with 

[PandaEat 12]

4 hours ago, Sarge2155 said:

Quote

It is in your best interest to get the ball rolling NOW and end this swiftly. Encourage her to naturalize as also what was pointed out her naturalizing gets you off the hook for the I-864. Another important tip: Should you have carnal knowledge with her at any time during this time where you have made it known that you wanted a divorce that will go badly against you later in court. Also protect yourself against false domestic abuse allegations. Depending on your state and in most states the cards are going to be stacked against you.

What do you mean by having carnal knowledge?

 

Quote

My recommendations do a DIY divorce you can get the forms online again depending on your state. It works well especially if you have no kids as you say, and no property. If you are going to do it...DO IT. Mind you with today's divorces you do not need a reason to divorce each other. File before she does and I am sorry for your troubles, but like war marriage is hell and you have to defend and protect yourself.

Why file before her? what is the reason for this? I live in california so I have to fill out the form and I have to get a summor and serve to her.   Or do I just from writing sending a text to say I want divorce? 

 

[PandaEat 12]

5 hours ago, retheem said:

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

what do you mean please expand on this ? 

[TBoneTX 43,433]

1 minute ago, PandaEat said:

What do you mean by having carnal knowledge?

Intimate relations.

1 minute ago, PandaEat said:

Why file before her? what is the reason for this?

He (or she) who files first tends to have at least an initial advantage as things proceed.

2 minutes ago, PandaEat said:

I have to fill out the form and I have to get a summor and serve to her.   Or do I just from writing sending a text to say I want divorce? 

Do not try just a text!  If you plan to do all this yourself, at least consult an attorney or two to learn the steps, process, and what (not) to do.  Many attorneys have free or cheap initial consultations.

[PandaEat 12]

7 hours ago, JeanneAdil said:

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

 

I live in california, so you have to state it through text saying divorce.  So asset split are from date of marriage to date of separation? 

[TBoneTX 43,433]

Brother, you'd better consult an attorney.  Even if we tried to give you legal advice, we'd surely omit something crucial.  Talk with one, take excellent notes, and clarify anything that you don't understand.

[PandaEat 12]

14 hours ago, carmel34 said:

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.

I have a debt of 30k on my car, so how will that be split with asset? 

I talked to an attorney today and they told me the I-864 spouse support is from her both income /2 and pay the amount.  The length is half of the number of years married (2 years length of sponsor).

[TBoneTX 43,433]

Consult another attorney, too.

[PandaEat 12]

28 minutes ago, TBoneTX said:

Intimate relations.

Quote

He (or she) who files first tends to have at least an initial advantage as things proceed.

So what is the initial advantage?

 

Quote

Do not try just a text!  If you plan to do all this yourself, at least consult an attorney or two to learn the steps, process, and what (not) to do.  Many attorneys have free or cheap initial consultations.

I talked to one today and one suggest a text saying you want to divorce to mark the separation date.  Then fill out the form to get a summor to serve to her.

You mean cheating or intimate with someone else? 

 

[TBoneTX 43,433]

Just now, PandaEat said:

So what is the initial advantage?

Action vs. reaction.

1 minute ago, PandaEat said:

You mean cheating or intimate with someone else? 

He means not to have sex with your wife.

It's best if you stop fishing for legal advice here.  Consult another attorney.

[Lightbird 17]

30 minutes ago, PandaEat said:

what do you mean please expand on this ? 

He probably implies that there are ways to make her life difficult to remove conditions and such as a way to pressure her. But yeah as others said, she has the same rights as any citizen. Though trying to deport her as a way to avoid paying is kinda low and hopefully just a thought and not something that you shared with people.

[Sarge2155 4,571]

My goodness man, you are most confused. I don't think at this point you know what you wanna do. Better sit down  and breathe before you make any drastic moves. Bottom line you best consult a lawyer!

[SteveInBostonI130 3,328]

21 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.

 

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

 

First, forget about affecting her LPR status, or you having any power over it.  If you make any threats or even suggest that you can "take away" her immigration rights, a competent divorce attorney she hires will have a field day.

 

Second, the terms of the divorce is impacted by the laws of your state.  Property division, alimony, etc all depends on where you live and your circumstance.  Consult a divorce attorney now.