Legally divorced?

[Isis1]

I wonder if OP signed that magic form....

You know the one.

that actually stopped me from laughing at the Sir Mix A Lot video

 

[Proserpina]

Actually I should probably clarify.

OP - what I'm seeing is that your marriage is valid. So, you'll need a divorce.

Further, if you sponsored your wife's green card based upon your marriage, you may find that you're in financial doo-doo as well (I believe misto hinted at this earlier).

It seems that you're stuck. If you allege that she committed fraud against USCIS, then you will quite likely be seen as complicit in that fraud and could be subject to felony charges (including incarceration and a hefty fine. And I mean HEFTY).

If you forget the fraud angle, you could feasibly be on the hook for supporting her - long term.

Felony record versus financial obligation. That's quite a pickle.

Ultimately, I think you can't afford NOT to speak with an attorney (if only because I'm not sure you understand the difference between - as a couple of other posters have tried to point out - residency in a State for a particular purpose, and US Permanent Residency in the immigration sense).

 

[LdiJ]

What seems strange to me is that the residency requirments in Alaska to get a fishing license is 10 times harder than what appears to be the same for filing for divorce which is a real joke.I am not in any way a lawyer but what I have found is that yes living in the state is a big part of it but that there also has to be intent on staying and showing that yes you are a resident.Everything in this state for residency requirments has you show some kind of intent of staying.Some kind of action to show you have cut ties with your previous state.This crap of people saying just do the easy way insults every American who believes and follows the law.This is why this country is so screwed up because our courts do not hold people responsable for breaking the law.Instead of obeying the law lawyers sell them selves out for the almighty dollar.It is against the federal law to aid and abet a illegal alien and thats exactly what her lawyer did.Regardless she will be deported when it comes time to renew her green card due to the information I provided and was put in her folder.And today I took in paperwork that she used to apply for her green card and they agreed it looked fake and it was passed on to the fraud division of Immigration.Its a matter of principal and a matter of a law abiding citizen standing up for what is right.Im sick and tired of seeing the criminals using the court system for their own gain because they know how to use the system to their advantage.

It was a very serious mistake to do that without talking with both an immigration and a divorce attorney first. I understand that you are upset, but you could be cutting off your nose to spite your face.

 

[mikepn54]

legally divorced

that actually stopped me from laughing at the Sir Mix A Lot video

I am getting a lawyer thats for sure.As far as being held responsable for money wise her shop pulls down about 80-100 grand a year,more than I make.Being held responsable for helping with the fraud,well what I found that was possible fraud is a passport.I cannot tell a real one from a fake one but I did find a big mistake after the fact and was something Immirgration should have noticed.I now understand citizen vs resident.Read about it the night after I posted.I was ready to sign the papers and just get it over with until I came across her prior divorce papers.Am I going to lose this case?That depends.I have alot of proof she legally,as defined by Alaska law,was not a resident.But when it comes to it being a divorce it seems the courts could care less.I just find it odd though that her lawyer who drew up the divorce papers calls her a resident in the new divorce and only that she has resided in the state in the first one.

 

[mikepn54]

Any way I get the message and I guess its pointless of me to keep on with this here.Learned alot and I will put it to use.Being involved in the situation a person has a differant view of things than some one outside looking at it and most of the time the person looking in has a better view what its all about.

 

[mikepn54]

legally divorced

Not trying beat a dead horse but something I dont understand.If the state of Alaska passes a law on what the definition of what a resident is and the rest of the state,DMV and others follow it how can the court have a differant view of it.Say if I got caught fishing with a resident permit and I wasnt one I would get fines and the same for hunting.But a person can file for divorce in the court here and just got here last week and be considered a resident.That doesnt seem to be a equal application of the same law.Why cant a person that got caught fishing just say.well in divorce court,and get off the hook?

 

[mistoffolees]

Not trying beat a dead horse but something I dont understand.If the state of Alaska passes a law on what the definition of what a resident is and the rest of the state,DMV and others follow it how can the court have a differant view of it.Say if I got caught fishing with a resident permit and I wasnt one I would get fines and the same for hunting.But a person can file for divorce in the court here and just got here last week and be considered a resident.That doesnt seem to be a equal application of the same law.Why cant a person that got caught fishing just say.well in divorce court,and get off the hook?

What you're missing is that the rules for residency can depend on what is being considered.

For example, they might require you to a resident for 1 year to get an in-state fishing license, but only 30 days to get a driver's license. It is therefore not really correct to say you're a resident without knowing the purpose. You could be a resident for driving or divorce purposes but not be a resident for fishing purposes.

 

[LdiJ]

Not trying beat a dead horse but something I dont understand.If the state of Alaska passes a law on what the definition of what a resident is and the rest of the state,DMV and others follow it how can the court have a differant view of it.Say if I got caught fishing with a resident permit and I wasnt one I would get fines and the same for hunting.But a person can file for divorce in the court here and just got here last week and be considered a resident.That doesnt seem to be a equal application of the same law.Why cant a person that got caught fishing just say.well in divorce court,and get off the hook?

To go along with Misto's answer...I will give you a specific example for my state.

In my state you are considered to be a resident for DMV purposes after 30 days. However, for family law purposes you are not a resident until you have been physically present in the state for a minimum of six months.

In Alaska, you are not a legal resident for the purpose of that payment that you get for oil revenue shares until you have been there for a full year, correct? So there is one specific instance in your state of different time periods for different purposes.

Heck, I had the Indiana Department of Revenue fight me tooth and nail to claim someone was a resident just because their employer goofed up and withheld Indiana taxes, when he didn't live or work in Indiana.

I really think that you are spinning your wheels here. I think that you are going to spend a lot of time and money trying to get your married voided, when a divorce would get it over with quicker and easier. I also think that you have put yourself at serious risk by doing things out of anger, when you should have been consulting with an attorney first.