QUESTION
Can wife delay divorce until she gets her greencard from me?
Asked on Feb 15th, 2013 on Divorce - California
More details to this question:
I am a foreign national living in CA. I have filed the divorce with my wife. I currently make $150,000 every year and do not have kids or property.
My wife is also working and she makes $50,000 per year. I have filed a green card on which my wife is dependent.
Now, according to my sources, she intends to delay the whole process so that she gets a green card before the divorce is final.
How can I make sure that I get divorce as soon as six months time limit is over. I am willing to give her fair share of savings that we have. Moreover, how much alimony I will have to give her and for how long. We have been married for 5 years.
5 ANSWERS
She can try but if you don't want her to, you can report that the marriage is no longer bona fide to USCIS. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 25th, 2013 at 2:01 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Your immigration question should be directed to an immigration attorney. As for spousal support, it is discretionary and up to a judge to determine if it will be awarded, if so, how much and for how long. Your wife must show need and the court must determine if you have means. Your marriage is not a marriage of long duration, therefore, spousal support if awarded would generally last for 1/2 the length of the marriage.
Answered on Feb 20th, 2013 at 8:48 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the divorce needs to be pushed you need to file papers to get the process going. Support would be about $30,000 per year and last about 11/2 years to 21/2 years approximately.
Answered on Feb 20th, 2013 at 7:50 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You need to contact a family law attorney for the alimony issues. She may be able to get the Green Card regardless of whether she remains married to you or not.
Answered on Feb 20th, 2013 at 12:36 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. Alimony is based on the marital standard of living and in a short term marriage typically is for half the length of the marriage, so 2 1/2 years. She can delay the divorce just by filing motions for support and fees. There is no guarantee that a divorce can be done in 6 months - unlikely if there are any court hearings at all.
Answered on Feb 20th, 2013 at 12:26 AM