Immigration advice

[Cire]

What is the name of your state? Georgia

Long time reader, first time poster. I'm American and my wife is not. We're legally married and did it in a civil way through a Justice of the Peace. We've been married since March of 2002. We filed all Immigration papers immediately and have had to do the usual run-around as most couples do with Immigration but got them in. There were no issues at all with her entering the country nor us getting married and have not had any issues to this day with Immigration. We've even travelled outside the country many times. I just wanted to point this out.
Since that time, we've had many jobs and even created a business running it from our home and we're in our 3rd season now. We have no children, own a home together, the business and it's equipment and our personal vehicles. Simple.
However, we had an arguement one day that flabbergasted me. My wife spit out the words, "When I get my greencard, I'm going to divorce you anyway". The arguement wasn't even over me doing anything to her but started from someplace else, with someone else. This statement came out of nowhere as a shock to me which I've talked quietly about with her. She said she was mad and that I wouldn't listen. She apologized and I knew that she didn't mean it but I know if any of you reading this were to think what you would do, it would be a interesting post/response and probably educating.

My question is: This isn't a threat I want to take sitting back. It was said and obviously thought out before it erupted. If I was to ever get a divorce before my wife received her green card, what would happen to her as far as her status and if she did seriously feel this way, would it be in my best interest to end this relationship now (if I absolutely needed to and I'm not saying I do) because of the legal aspect of Immigration law verse the poetic save the marriage first? I guess what I'm asking is, would she automatically be given a green card anyway because of the time we've been married or does divorce preceed over that and it's an automatic, "please leave the country" gesture?

First, I'm not out to be hurt or hurt my wife. This is a serious matter that I simply want to know if I have legal rights as well as her and what they would be if we ever had to divorce prior to her receiving her card.

Thank you for your time and suggestions.
Cire

[sonn4u75]

I'm not a lawyer or anything but i have been there in your direction..so i have learned a few facts on my way.
If a Divorce/Dissolution is initialized before the final GreenCard interview NOPE she won't get her GreenCard and will be deported if she doesn't have a legal status to stay.

[Cire]

Georgia

I now know the situation of what happens if divorce ever came about that my wife may be asked to leave the country. But something occurred to me tonight while thinking about our home and businesses. We have debts to pay. Alot of debts. We have a house, vehicles, and stuff. We've had to use credit cards to pay for these things and some are in my name and some in hers.

If divorce came about and she had to go back to her country, does this mean that the debt we have accumulated together automatically falls into my lap? Or, would I only have to pay off mine and hers simply vanishes since she had to leave?

Trying to think of all angles, thanks,
Cire

[LdiJ]

Originally Posted by Cire

Georgia

I now know the situation of what happens if divorce ever came about that my wife may be asked to leave the country. But something occurred to me tonight while thinking about our home and businesses. We have debts to pay. Alot of debts. We have a house, vehicles, and stuff. We've had to use credit cards to pay for these things and some are in my name and some in hers.

If divorce came about and she had to go back to her country, does this mean that the debt we have accumulated together automatically falls into my lap? Or, would I only have to pay off mine and hers simply vanishes since she had to leave?

Trying to think of all angles, thanks,
Cire

You would be stuck with anything that is in your name, anything that is joint, and anything where your credit was used even if its in her name (although you might be able to fight the last one). She would be entitled to half of the assets as well.

Please think this whole thing through. I think that you are risking making hasty decisions based on an argument/fight between the two of you. Decisions that may ultimately not be in your best interest.

[Cire]

Georgia

Thank you for the advice. Well taken. It's not that any fight or arguement has occurred but instead other reasons that simply don't have an answer. Jumping to conclusions or over thinking seem to be the only resource I have at the moment and other advice has been to make sure that I don't have my eyes closed.

Thank you again.