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Brunoinnc

Junior Member
What is the name of your state (only U.S. law)? North Carolina

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

This thread will be lengthy but I could really use some good advice.

I married a woman through a Fiancee Visa. Basically, I got green card scammed. However, that is not what I need advice on.

Shortly after submitting the final documents for she and her children to obtain their green cards, things got a little strange. In order, this how things transpired.

Feb 2011 Submit final immigration papers.
Apr - May Breast Augmentation Surgery and complete dental work.
June 2011 She rented a PO box, started talking about being unhappy.
July - Sept Things seem normal but no word from USCIS
Nov Bank Statements stop arriving at home
Dec Green Cards arrive. The next day she opens up a separate checking account and diverts her direct deposit from work. Starts the "I'm unhappy" talk again. I realize I have been scammed and advise her to speak with an Attorney and get a Separation Agreement in place. I speak via phone with an Attorney on Friday morning, Jan 27th. I arrive home @ 10am and advise her of this. She leaves the house, returns @ 2pm with 2 friends and moves she and her children out of the house. I stayed on the back porch the entire afternoon. I did not interfere. As they are pulling away from the house, a Deputy Sheriff arrives and serves me with a DV Complaint. However, the judge had denied her "ex parte' request and had set a hearing date for Friday, February 3rd. I filed a complaint myself on Feb 2nd asking that she return 1/2 of the marital assets ( there was a bank account that had $11, 500 in it, as least it had that much the last time I knew about it since the statements stopped coming to the house ). At the hearing I gave her my Complaint Answer and the judge continued the hearing until Feb 14th. The judge also said that she would only hear testimony about the DV, not any PP or money issues. I'm not sure if she meant at that particular hearing or at any/all hearings.

So my questions are these:

What will happen @ the next hearing?
Since you can't sue your spouse for money, what can I do to retrieve 1/2 of the marital assets? Will I have to wait and hope she files for a divorce in one year and contest the divorce based on that?
Or am I just screwed?

During our marriage, I contributed 89% of my net pay to our household. She contributed 14% of hers. She also paid cash for breast augmentation, dental work, sending money to her parents who live out of the country, etc etc etc.
She lived very well while I struggled to pay bills and put food on the table. I DID NOT abuse her in anyway.

More information available, just ask.
 


Brunoinnc

Junior Member
married 3 1/2 years, yes I signed the I-864 forms I believe, she took all of her immigration papers with her when she fled that day.

I'm not concerned about the immigration issue, I got scammed. I want to know about the court/divorce/money issue.

She left me penniless.
 
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Proserpina

Senior Member
married 3 1/2 years, yes I signed the I-864 forms

I'm not concerned about the immigration issue, I got scammed. I want to know about the court/divorce/money issue.

She left me penniless.


You NEED to be concerned about the immigration issue. Because you will not be able to claim fraud, nor will you be able to withdraw the paperwork. Her status has already been adjudicated - it is now a done deal.

Why should you be concerned?

Because you could feasibly be on the hook to support HER and whomever else you sponsored - permanently.

That document you signed was a promise to the US Government that you would ensure she is supported to 125% of the Federal Poverty Level. Depending on how many people you sponsored, that could be quite the burden.

Read more about the FPL here:

http://www.liheap.ncat.org/profiles/povertytables/FY2012/popstate.htm

The obligation does not end after divorce; it ends only when one of these conditions are met:

1. The immigrant/s leave the country permanently (abandon their residency)

2. Die

3. Naturalize (become citizens)

4. Earn 40 qualifying SS quarters (work for about 10 years).


I know this isn't really your priority right now - and she may not even be aware of the ability to sue you for support - but you DO need to know.
 

Brunoinnc

Junior Member
She earns 75,000 a year.

I earn 40,000 a year.

I understand the implications of signing the I-864 but she is well above the poverty limit.

AND, without a legal document ( i.e. Separation agreement ) I am on the hook for $300 a month in health insurance for them. with that legal document I can drop them and they will be offered COBRA insurance.

BTW, I am sure she has not even talked to an Attorney, just taking advice from some co-workers.
 

TinkerBelleLuvr

Senior Member
do NOT deposit anything more into that joint account. File for divorce. Ask that the marital funds be taken into account for the division of assets.
 

Brunoinnc

Junior Member
You must wait a year before filing for divorce after separating in NC, so that is not an option at this time.
 

Proserpina

Senior Member
Fair enough. It's good that you know what you've signed (the majority of sponsors don't realize the ramifications, unfortunately).

The post might help others though, too :)
 

Brunoinnc

Junior Member
Yes, I understand. However, I have no desire to "stalk" her to find out of she has a new boyfriend, because stalking is against the law. I do not want to do ANYTHING that will give her ammunition against me.

I do not even know where she has moved.
 

Ohiogal

Queen Bee
Probably....However, I could care less about that, I want answers to the initial questions I asked.
And alienation of affection (i.e. suing the boyfriend) is an option in NC. Especially if she decided she was unhappy and moved in with a new guy. New boyfriend CAN be sued for money. Hey but you go on with your own big bad self.
 

Eekamouse

Senior Member
And alienation of affection (i.e. suing the boyfriend) is an option in NC. Especially if she decided she was unhappy and moved in with a new guy. New boyfriend CAN be sued for money. Hey but you go on with your own big bad self.
BWAHAHAHA! I don't know why but this just cracked me up!!! Thank you, Ohiogal. :D:D:D:D:D:D:D
 
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