Divorce or Annulment after 2 months marriage

[magnus0201]

undefinedWhat is the name of your state?What is the name of your state? GA.

Here is the pathetic story.

My wife is here on a K-1. We have been married for two months. She is becoming increasingly beligerant and now says she wants to go home. That is fine with me because I'm tired of the constant complaining. She really has forgotten what her life was like before she met me.

My question is..... what kind of settlement am I looking at considering these facts:

-I've been unemployed for 6 months, the entire time she has been in the USA. Neither of us have worked during our marriage.

-We do not own property and are currently living with a family member.

-We do not have children.

-I've paid for everything in the immigration process.

-She has not worked since I met her in her country.

-The only asset I have is a 2000 model car that I had before her and which will be paid off in 2 months.

-Roughly $20K in stocks, all earned before I met her.

-Roughly $20K in my 401K, all earned before I met her.

I haven't made a dime of money since we were married, other than my weekly unemployment checks which she chews up portions of by calling back home, among other things. I'm willing to pay for her a ticket back home, but other than that, she doesn't deserve anything else based on the money I have laid out to support her, and the money I spent with Homeland Security.

It really is nothing more than her not being about to adjust to life here and not having any friends. I took advantage of the full 3 month period before we got married, because I wanted her to stay legal. 6 months would have been a better time frame though and would have avoided this scenario.

Anyway, what do you think? Is she entitled to anything I had before we met after 2 or 3 months marriage?

 

[evcalyptos]

It really is nothing more than her not being about to adjust to life here and not having any friends. I took advantage of the full 3 month period before we got married, because I wanted her to stay legal. 6 months would have been a better time frame though and would have avoided this scenario./QUOTE]

Your question belongs in the divorce forum. Her immigration status has nothing to do with the answer.
Had you followed the guidelines of the K1 process, you would see that the 90 days is not a trial period (where you think 6 months would've helped you). You were supposed to already know that you wanted to be married with her (and vice versa) -before- she applied for the visa. In fact, you were required to provide sworn affidavits to that effect.

 

[BelizeBreeze]

And this question was answered in your PREVIOUS POST

 

[magnus0201]

One thing I've noticed in my short time here (3 days) is that there are a lot of pathetic people, apparently with a lot of experience with divorce, that want to preach and lecture to people. I've observed that on some other threads in this forum. I also posted this in the Divorce thread and got a couple of similar comments.

The reason I posted this was because I wanted an answer as to whether she was entitled to anything I had before we were married, not to be lectured to about rules and what I should have known or done.

I knew the rules of the K-1 going into the deal, but the unknown factor was always how she would adjust to a foreign culture and climate. That is why I waited almost until the end of the 90 days of her visa to get married. However, 6 months would have been better barometer for how she would adjust. Things happen... it's called "life". The 90 days is not a trial period, but a K-1 visa certainly doesn't obligate you to marry anyone you bring over. You can marry within 90 days, or they go home.

Yes it is not a direct immigration issue, which is why I also posted it in the Divorce thread. I thought someone might have some relevant experience with this type of situation which is why it is here also.

Thanks for the "advice". I'll leave the hanging out in a divorce threads and posting repeatedly to the rest of you.

 

[SeattlMike]

Depending on your state, the annulment is likely the best way to go. Each state's threshold is different, of course, but if it's like the laws in Colorado, you'll have to show that you weren't aware of something that would have led you to not marry her. Otherwise, it's probably divorce scene, and property rights are different in each state too. prenup prenup prenup for all those readers who aren't married yet!

 

[magnus0201]

Thanks for useful reply Mike.

I don't think it is possible for an annullment though. Their was no fraud or abandonment (yet). Getting a divorce (if necessary) is not a problem for me because I have no religious constraints.

Considering the circumstances I outlined above(they are absolutely true), I don't see how a judge could grant her half my assets I earned before I ever met her. I understand she is entitled to half of what I have earned since we have been married (which as I said is nothing except unemployment) and I am ok with that. A $1000 and a plane ticket home would satisfy her I'm sure.

 

[nonnoboy]

sorry to hear

I'm not sure if you're in a community state. I'm going through this right now as we speak, but... 2 months? you're in good hands. Better to be early than late. Longer you've been married, the more she is entitled to. I'm no lawyer but this is what I am finding out.

1. Community Income: Income made during marriage.

Looks like you didn't have much income except the 4 unemployment checks. (if i remember EDD is bi-weekly). She's probably entitled to half of that, or whatever you've earned.

2. Your stocks (whatever it accrued in interests). She's taking half.

3. 401K (I would say same, but check with a lawyer).

Since you're only married for 2 months. You'll scave this with minimal losses! You're lucky! Write down everything that happens and the dates. Also write down when you guys separated. That's a very important date.

Good luck man. I hate that this happens, but I'm in your shoes, with a foreign wife as well.

 

[jayleno21]

You can also consider these facts too:
1-From the story above, she doesn't seem to have any $ to pay a good lawyer to have him grab too much of your stuff and give it to her;

2-If worse comes to worse you can say she fake the wedding to get her
Green Card, plus once you divorce her, she is out of status and will have to home.

 

[rmet4nzkx]

You will have to get a divorce. I suggest contacting an attorney or family courts for assistance.

 

[magnus0201]

Thanks everyone.

I haven't had to initiate anything because believe it or not, she came to her senses and calmed down after I told her that there were about a 100,000 other girls in Brazil that would trade places with her in a heartbeat. Anyway, yesterday was our 3 month anniversary with no divorce proceedings in sight.

 

[Nata]

Does it always have to be about money??????????

It is very hard for a person to go through a process of acculturation and may be she does have a strong desire to go home. But she can go and come back. If you are already married and sent the papers to INS, you can apply for a traveling document and go visit her family together. I'm not sure where she is from but she will see the difference between the countries and will come back with you. If you are short on money, she can go by herself.
You are a married couple and you are mature people. We all go through hard times and these are the times to support each other instead of counting money.
God bless.

 

[magnus0201]

Spoken like a woman that has never had to give up half her assets.

It's not always about money, but when one side has much more to risk than the other, it is a strong consideration.

 

[AHA]

Spoken like a woman that has never had to give up half her assets.

It's not always about money, but when one side has much more to risk than the other, it is a strong consideration.

Why are you so worried about if she's entitled to anything, you're not earning any serious money!!!!! Besides, whatever she had back home, she gave it all up to come and be with you, that should be worth something to you.