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

[carmel34 3,533]

9 hours ago, PandaEat said:

I live in california

Find a very good attorney, this is purely a divorce issue.  California is immigrant-friendly and divorce judges there tend to award lots of alimony to the spouse earning less.  She also has the I-864 that you signed and a good attorney will help her to leverage that against you.  All assets and debts accumulated since the date of marriage will be on the table.  Time to lawyer up in my opinion.  Good luck!

[Bill Oxner 18]

On 3/17/2023 at 12:23 AM, 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 case is easy, Quit working clean out bank account, No property makes this a no brainer.

 

Hire an divorce attorney and get your gameplan and hopefully the court will award you alimony.

 

 

[Mike E 11,725]

1 hour ago, carmel34 said:

Find a very good attorney, 

yes

Quote

 California is immigrant-friendly and divorce judges there tend to award lots of alimony to the spouse earning less

For a such short marriageI do not see the duration of alimony exceeding 24 months

[Mike E 11,725]

On 3/16/2023 at 10:23 PM, PandaEat said:

Can I do the green card withdrawal

You have jointly filed I-751. The moment you file for divorce you should immediately write a letter to the uscis address listed on her 48 month extension letter. Your letter should say that as the U.S. citizen co-petitioner, you are withdrawing your petition due to the pending divorce filing. Reference her A number, and the I-751 case number in the letter. Include a copy of the 48 month extension letter and the divorce filing.

 

If she fails to (on her own) to request to amend her pending joint I-751 petition to a divorce waiver, then things could potentially go badly for her, including revocation of LPR status and deportation. That is her problem.

 

If you fail to write the suggested letter, then arguably you are complicit in any accusation of fraud if the I-751 is approved without USCIS being notified about the divorce filing.

 

Fun facts:

 

* if she does amend I-751 to a divorce waiver she has 60 days to provide a final divorce decree

 

* California divorces require a minimum of 6 months to get a final decree. So even if you filed March 20, 2023 and the court issued a divorce decree April 20, your divorce is not final until September 20, 2023

 

Thus there is high risk of her I-751 being denied, and ultimately losing her LPR status.  She will potentially require an immigration lawyer.

 

On 3/16/2023 at 10:23 PM, PandaEat said:

or cancel the pending temporary green card?

You have no authority to make that happen. As described above, you can take steps to make it harder for her to retain her LPR status.

[Bill Oxner 18]

Find and attorney that deals only with divorces

 

Lawyers are a dime a dozen now of days, some will take a case just for the money and not have any or very little actual case work in that area.

 

I think California Bar Association allows one to apply/get a Legal Specialization certificate.  

 

The California State Bar will certifiy attornies as specialists who have gone or trained beyond the standard licensing requirement.  I would find one of those type lawyers. 

[JeanneAdil 6,239]

14 hours ago, PandaEat said:

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? 

California

 

u need to read the following site 

 

https://www.mccunnlaw.com/is-it-always-50-50-a-divorce-california/#:~:text=Many people assume that property,property is exempt from division.

 

Any divorce in California requires the spouses to submit respective financial disclosure statements. These are packets of financial records that will clearly outline each spouse’s separate property as well as the marital property owned by both spouses. Before anything is divided, the court will need to review the couple’s financial records, verifying that both parties have submitted complete and accurate records and addressing any discrepancies.

 

Property division is only one financial aspect of your divorce you must address. You and your spouse must also be prepared to resolve potential long-term financial arrangements between the two of you. For example, if one of you earned far more income than the other, or if one of you was financially dependent on the other for most of your marriage, spousal support is likely to be an element of your final divorce order. This is money paid to a lower-earning spouse to help them adjust to life after divorce.

[JeanneAdil 6,239]

3 hours ago, Mike E said:

yes

For a such short marriageI do not see the duration of alimony exceeding 24 months

its California -the most woman friendly state in the union and they determine financial responsiblity according to assets and who earned what and how much

 

 

 if one of you earned far more income than the other, or if one of you was financially dependent on the other for most of your marriage, spousal support is likely to be an element of your final divorce order. This is money paid to a lower-earning spouse to help them adjust to life after 

•  

[JeanneAdil 6,239]

4 hours ago, Bill Oxner said:

Your case is easy, Quit working clean out bank account, No property makes this a no brainer.

 

Hire an divorce attorney and get your gameplan and hopefully the court will award you alimony.

 

 

yeah,  and let her claim monetary assistance, housing and medicaid and your I 864 will kick in for government to get the funds reimbursed to them

[Sarge2155 4,571]

2 minutes ago, JeanneAdil said:

yeah,  and let her claim monetary assistance, housing and medicaid and your I 864 will kick in for government to get the funds reimbursed to them

The bottom line after all is said and done, it's cheaper to keep her!

[JeanneAdil 6,239]

7 minutes ago, Sarge2155 said:

The bottom line after all is said and done, it's cheaper to keep her!

its far cheaper to make an agreement as California suggests as he could end up paying for 2 lawyers (his and hers)  lived there long time ago and saw this happen

[Mike E 11,725]

2 hours ago, JeanneAdil said:

its California -the most woman friendly state in the union and they determine financial responsiblity according to assets and who earned what and how much

nope

 

 

https://selfhelp.courts.ca.gov/spousal-support/longterm

 

 

“For marriages less than ten years, support will last half the length of the marriage”

 

 

 

[carmel34 3,533]

6 hours ago, Mike E said:

yes

For a such short marriageI do not see the duration of alimony exceeding 24 months

Here's another opinion, based on the I-864 that the petitioner signed:

 

https://www.soundimmigration.com/can-you-enforce-the-form-i-864-affidavit-of-support-in-a-divorce-case/#:~:text=Yes – in most states the,maintenance (also called alimony).

[Redro 4,601]

On 3/17/2023 at 1:23 AM, 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

https://selfhelp.courts.ca.gov/divorce-california/summary-dissolution/qualifications

[Stein 263]

18 hours ago, PandaEat said:

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? 

You seem to be preoccupied by  little bit of money.  It will be to the date of the divorce, not separation.

 

My last one cost me well over $1M dollars.  It happens.  Deal with it. They say you can't put a price on happiness.  Yes, you can.  It's called HALF.

[Stein 263]

8 hours ago, Bill Oxner said:

Your case is easy, Quit working clean out bank account, No property makes this a no brainer.

 

Hire an divorce attorney and get your gameplan and hopefully the court will award you alimony.

 

 

Stop giving bad advice.  The court can request records of bank accounts prior to filing the divorce so even if you pulled this stunt it will backfire.  And I really don't see her paying him alimony.