Father-in-law married Non US citizen now getting divorce

[sher143]

What is the name of your state (only U.S. law)? fl


FL

I am doing research for my father-in-law. He married a woman 5 years ago, (who is nearly 1/2 his age, if not younger), who had a "student visa"- i think it's called. Anyway, it has always been very obvious that she married to get full citizenship. Friday she got her US paperwork and is about to file for divorce. She has pawned him into so much debt, its unbelievable if I started putting numbers. She had her 19 year old son move from his country to the US, move in, and now spread horrible and awfuul allegations about my father in law. Unfortunately, my father in law is aware of everything, and it's extremely sad because all he can say is "I would rather be miserable with someone than miserably alone". He is a 68 year old alcoholic. She is crazy, we have police reports of her pulling knives on him. My question is: Since she is filing for a divorce not even a week after getting her permanent paperwork, won't judges see that as a "pretend" marriage. Knowing he is 68, and she is only 34? She has tried to get him to put her name on the house, but thank god he hasn't. When they get divorced, will they have to split anything/everything? Because he doesn't have a lot, basically only his house. Any and all responses are appreciated

 

[Ohiogal]

What is the name of your state (only U.S. law)? fl


FL

I am doing research for my father-in-law. He married a woman 5 years ago, (who is nearly 1/2 his age, if not younger), who had a "student visa"- i think it's called. Anyway, it has always been very obvious that she married to get full citizenship. Friday she got her US paperwork and is about to file for divorce. She has pawned him into so much debt, its unbelievable if I started putting numbers. She had her 19 year old son move from his country to the US, move in, and now spread horrible and awfuul allegations about my father in law. Unfortunately, my father in law is aware of everything, and it's extremely sad because all he can say is "I would rather be miserable with someone than miserably alone". He is a 68 year old alcoholic. She is crazy, we have police reports of her pulling knives on him. My question is: Since she is filing for a divorce not even a week after getting her permanent paperwork, won't judges see that as a "pretend" marriage. Knowing he is 68, and she is only 34? She has tried to get him to put her name on the house, but thank god he hasn't. When they get divorced, will they have to split anything/everything? Because he doesn't have a lot, basically only his house. Any and all responses are appreciated

Nope. Judges won't see that as a pretend marriage. The ages don't matter. Look at the many older man, younger woman marriages. Those are not pretend marriages. Also, he is 68, she is 34 and HER SON is 19? That is something to think about. WHEN did she allegedly PULL knives on him?

They will have to split marital property and marital debt. He may also have to support her financially depending on her work history and if he signed an affidavit of support. A student visa? That is what she is still her on? Oh and a marriage does NOT get someone US Citizenship. It takes more than that.

 

[LdiJ]

What is the name of your state (only U.S. law)? fl


FL

I am doing research for my father-in-law. He married a woman 5 years ago, (who is nearly 1/2 his age, if not younger), who had a "student visa"- i think it's called. Anyway, it has always been very obvious that she married to get full citizenship. Friday she got her US paperwork and is about to file for divorce. She has pawned him into so much debt, its unbelievable if I started putting numbers. She had her 19 year old son move from his country to the US, move in, and now spread horrible and awfuul allegations about my father in law. Unfortunately, my father in law is aware of everything, and it's extremely sad because all he can say is "I would rather be miserable with someone than miserably alone". He is a 68 year old alcoholic. She is crazy, we have police reports of her pulling knives on him. My question is: Since she is filing for a divorce not even a week after getting her permanent paperwork, won't judges see that as a "pretend" marriage. Knowing he is 68, and she is only 34? She has tried to get him to put her name on the house, but thank god he hasn't. When they get divorced, will they have to split anything/everything? Because he doesn't have a lot, basically only his house. Any and all responses are appreciated

Its almost impossible that she could be 34 and her son be 19...and even more impossible that she could be younger than 34 and have a 19 year old son. She would have had to give birth at age 13 to have a 19 year old son.

No, a judge isn't going to see a 5 year marriage as a "pretend" marriage.

If his only asset is his house, then the equity that accrued during the marriage ONLY, is marital equity. That possibly may not be much, if anything at all, as they married in the height of high value homes, and are divorcing at the bottom of the equity losses in homes. Any other assets or debts that accrued during the marriage would be marital, and would be split as well.

He is going to have to do some research to find out what his home was worth 5 years ago, and will have to get an appraisal to find out what it is worth now.

Does she have a good/decent job? If not, his bigger problem is going to be that he agreed to support her when he signed the paperwork sponsoring her residency in the US, and that is completely separate from any divorce proceedings.

 

[Proserpina]

Why has it taken five years for her to become a PR?

 

[mistoffolees]

Its almost impossible that she could be 34 and her son be 19...and even more impossible that she could be younger than 34 and have a 19 year old son. She would have had to give birth at age 13 to have a 19 year old son.

Last time I checked, 34 minus 19 is 15, not 13.

Plus, we don't know the months. If she's turning 35 tomorrow and the child turned 15 yesterday, she was closer to 16 when the child was born. Or, alternatively, if she just turned 34 and the child is closer to 20 than 19, she would have been around 14 at time of birth. Either way, there's no way she could have been 13 when the child was born.

 

[LdiJ]

Last time I checked, 34 minus 19 is 15, not 13.

Plus, we don't know the months. If she's turning 35 tomorrow and the child turned 15 yesterday, she was closer to 16 when the child was born. Or, alternatively, if she just turned 34 and the child is closer to 20 than 19, she would have been around 14 at time of birth. Either way, there's no way she could have been 13 when the child was born.

You are right...I responded too quickly without thinking it through properly.

That is still pretty young though...but much more likely that what I was thinking.

 

[sher143]

She was 15 when she had her son. But that doesn't make a difference either way. She doesn't have a job. She really never has ( maybe one a year for about 2 weeks).. But insists there are always reasons she cannot keep it.But if she is no longer is being sponsored because she is a resident, would he still have to support her because lack of job. I am completely clueless on all of this legal stuff. Thanks

 

[mistoffolees]

She was 15 when she had her son. But that doesn't make a difference either way. She doesn't have a job. She really never has ( maybe one a year for about 2 weeks).. But insists there are always reasons she cannot keep it.But if she is no longer is being sponsored because she is a resident, would he still have to support her because lack of job. I am completely clueless on all of this legal stuff. Thanks

If he signed an affidavit of support, he will have to support her whether she works or not.

You really need to have him consult an attorney.

 

[Proserpina]

She was 15 when she had her son. But that doesn't make a difference either way. She doesn't have a job. She really never has ( maybe one a year for about 2 weeks).. But insists there are always reasons she cannot keep it.But if she is no longer is being sponsored because she is a resident, would he still have to support her because lack of job. I am completely clueless on all of this legal stuff. Thanks

Seriously, he needs to see an attorney - because he could be on the hook to support her until she meets one of these criteria:

1. She naturalizes and becomes a US citizen (which is NOT that same as becoming a legal resident).

2. She leaves the country and abandons her residency.

3. She earns enough SS quarters (40 SS quarters - about 10 years of work).

4. Dies.

 

[Ohiogal]

Its almost impossible that she could be 34 and her son be 19...and even more impossible that she could be younger than 34 and have a 19 year old son. She would have had to give birth at age 13 to have a 19 year old son.

34-19=13? SERIOUSLY? Try again. She would NOT have been thirteen when she got pregnant. Unless her pregnancy was longer than an elephant's.

ETA: See that was already caught.

OP, your father in law was an adult. HE made the choice to marry her and live with her and sponsor her.