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

[Bill Oxner 18]

6 minutes ago, JeanneAdil said:

and we have civil courts that allow anyone to sue 

Good luck getting someone to pay in civil court, you may get a judgement, good luck getting paid.

 

Been there done that.......

 

I been burned already, now of day for me I just lein the property, it make take a year or two to get paid but I get paid.

 

 

Edited March 19, 2023 by Bill Oxner

[Mike E 11,727]

56 minutes ago, Bill Oxner said:

Can you give the cliff notes, that the short versions

 

The federal court made some one reimburse the US Federal Government for getting federal assistance?

 

Or this was more of a divorce court ?

 

 

I already said it was not divorce court.

 

The plaintiff was the Beneficiary who was a felon (apparently raped a child). Joint sponsors stopped providing financial support to beneficiary. 

Edited March 19, 2023 by Mike E

[PandaEat 12]

On 3/18/2023 at 6:38 AM, Mike E said:

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.

 

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.

This info is very helpful to know when it comes to negotiation with her. Thank you.

 

If she agrees uncontested, I will write it down in the divorce paper process.  I don't think she wants to stay in the USA anyways.  

[PandaEat 12]

On 3/18/2023 at 2:41 PM, Bill Oxner said:

Not really, I have seen marriage partners where the the other person drained thier bank account and put them into debt with credit cards. It was cheaper to bite the bullet and divorce them.

 

He is in a community property state like I am. It's very easy to protect your assets

 

He was only married 2 years, so have your bank accounts where you keep the majority of your money in a seperate bank account from your spouse, have them established before marriage and don't comingle funds and your money is safe and can't be considered community property.

 

I had a house, vehicles and boats all in my name before marriage, went thru a divorce after a few years and all that was considered seperate property since it was all owned before marriage.

 

I came out smelling like a rose

 

Now with my current wife we only established one bank account together and we opened it like the week she arrived and I think I put $1000 when it was opened and never messed it it again, we only did it for K1 for immigration purpose only so she could get her Greencard. 

 

I went ahead and bought a new house before I did my K1 visa this time so it will be mine in case we didn't work out, My wife is from Philippines I wasn't sure how she would adjust to USA when she first got here and I wanted to protect all my assets. 

 

 

 

I don't have any property, and all my bank accounts are separate with her.  All my bank account is under my name.  The only thing is I filed a jointed tax return with her.  She has her own bank account.  So what you saying is that anything under my name before the marriage cannot be split? Only jointed accounts can be split? 

[PandaEat 12]

On 3/18/2023 at 3:01 PM, Lemonslice said:

If you're in California, maybe reach out to this member to know which lawyer to contact (his ex's lawyer).

 

 

I don't need to worry about this before my wife is working and will not do such things collecting from government, she will probably go back to her country as she don't like living here.  I will definitely give her a reasonably amount of money so she can start here or her home country.

 

[OldUser 5,141]

15 minutes ago, PandaEat said:

So what you saying is that anything under my name before the marriage cannot be split? Only jointed accounts can be split? 

Accounts in both names and in your name or her name can be split. If you had $10000 in you personal account before marriage and never put more money / moved it out while married, then yes, that account is not getting split and you get to keep $10000.

 

$10000 is just an example.

 

 

If you had a personal account, any money earned or moved there while you're married will be split.

Edited March 20, 2023 by OldUser

[PandaEat 12]

3 minutes ago, OldUser said:

Not quite. Accounts in both names and in your name or her name can be split. If you had $10000 in you personal account before marriage and never put more money / moved it out while married, then yes, that account is not getting split and you get to keep $10000.

 

$10000 is just an example.

Let's say I have 40k in bankA , and 5k in bankB before marriage.  After marriage bankA is down to 1k, but bankB is up to 50k.  During the marriage I move money from bankB to bankA to balance it.  

[OldUser 5,141]

Just now, PandaEat said:

Let's say I have 40k in bankA , and 5k in bankB before marriage.  After marriage bankA is down to 1k, but bankB is up to 50k.  During the marriage I move money from bankB to bankA to balance it.  

These are questions to a divorce attorney. In my understanding, it becomes difficult proving the money is earned before marriage if it being shifted from one account to the other.

[TBoneTX 43,486]

The immigration aspects of this situation have been discussed, and the thread has devolved into discussions better held with a divorce attorney.  The OP is encouraged to consult one or more.  The thread is now closed to further comment.  Do not restart or revisit this topic.

 

VJ Moderation

Edited March 20, 2023 by TBoneTX