Parties never reside as a married couple, nor sexually consu

Latest post 10-31-2012 3:39 PM by salsal. 20 replies.
  • 10-03-2012 10:20 AM

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Parties never reside as a married couple, nor sexually consu

    I got married in 2006, lived with my wife (US citizen) with her parents till 01/2012, I don't have any joint documents , and dont have any child, she filed a divorce on that bases of irreconcilable differences, then they send me the setllement agreement that says parties never reside as a married couple nore sexually consummated the marriage. I have 10 years green card, if I sign will that affect my green card? Please advice.

  • 10-03-2012 10:37 AM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,173

    Re: Parties never reside as a married couple, nor sexually consu

    Visit the following website and I believe you will find the answer to your question.  If not, there are contact numbers to call.

    http://www.uscis.gov/portal/site/uscis

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 10-03-2012 10:47 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,249

    Re: Parties never reside as a married couple, nor sexually consu

    Those words leave open the prospect that she is seeking an annulment not a divorce and an annulment creates the legal fiction that there was no marriage . I have no clue what kind of problems that creates for citizenship purposes but I'd sure want comments from a skilled immigration attorney on the so called agreement PRIOR to execution of same.

    What are the relative earnings/assets of the 2 people involved?

    I doubt a divorce 6 years after a marriage looks like a sham for green card / naturalization purposes

    But a written agreement of lack of consort and an annulled marriage might suggest the deal was about green card/ naturalization ?

    She is probably entitled to a divorce in NJ

    She is not entitled to an annulment if that unsigned agreement is a misrepresentation of the facts

    I don't know but you better find out?



  • 10-03-2012 12:07 PM In reply to

    Re: Parties never reside as a married couple, nor sexually consu

    salsal:
    I don't have any joint documents

    Not sure what you mean by this.

     

    salsal:
    if I sign will that affect my green card?

    It might.  Since it's obviously not true (at least the residing together part), why would you even consider signing it as is?

    I suggest you consult with a local family law attorney.

  • 10-03-2012 1:21 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    Thanks for the reply, I lived with her in her parents house for 5 years, and after two years of conditional green card, we went for interview and got my 10 years green card after providing all the proof of living togethor, she is in NJ, she filed a divroce as a irreconcilable differences because I moved to NH and don't wana live with her in her parents house anymore, so they are trying to revoke my green card, and I didnt have any joint medical insurance, driver insurance with her we were depending on her rich parents, the only joint bank account I got with her is now close, she transfered all the money from joint accounts before she filed a divorce papers, look like she build a trap for me, I have 100K student loan and I pay all the payments on time, if I don't sign that Settlement document will they gona show that in the court? that is only my concern.

  • 10-03-2012 1:25 PM In reply to

    Re: Parties never reside as a married couple, nor sexually c...

    "... if I don't sign that Settlement document will they gona show that in the court?"

    Sorry, but show what?

    I would not sign anything that lies about you not living together because, yes, the USG could hold that against you in terms of your residency status (because you'd effectively be saying you committed immigration-based fraud/crime).

    I suggest you depart the internet except for scoping out a local divorce attorney, and go after your share of marital assets if worthwhile (whatever she took in joint bank account that she cannot argue was just for living expenses).

  • 10-03-2012 1:25 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    Joint documents means, joint bank account, insurance etc,  have just some pictures, she distroy all the documents I left in her house in NJ.

    yes its a false alligations against me, I lived with them, in five years only for 3 semesters I moved to the dorms, but over the weekends also all the time I lived with them, I don't know how i'm gona prove that they are liying. I already spend some money on consulting and responding to there attorney, and my attorney told me she is not the expert in immegration and now I also look for immegration lawyer. I searched online but didn't find anything thats gona help me. she screwed my life.

  • 10-03-2012 1:29 PM In reply to

    Re: Parties never reside as a married couple, nor sexually c...

    I'd take a deep breath; she hasn't "screwed [your] life."  Luckily, you evidently have your green card; if you didn't, then you'd be in trouble if the petition-application were based on marriage vs. other family.

    If you've got your green card/permanent residency status, a divorce won't cause it to be yanked.  You evidently may just have to wait a couple years longer than you otherwise would if married (5 years vs. 3 years) before you can get naturalization/citizenship.

  • 10-03-2012 1:32 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    the settlement document even that is not signed Can they show in the court that they send me that docuement for settlement? Yes I'm not gona sign that my Divorce attorney said the same thing. I have to look for immegration attorney as my attorney told me she doesnt have any experties in immegration law.

    I can't understand one thing, if everything is documented in the files that I was living there with her in her parents house then why USG will accept that kind of alligation against me? even though its a false alligation court not gona search on there own for that? and take action against her to doing this?

    look like I have to jump in this pool if I don't all of life time she will threat me

  • 10-03-2012 1:37 PM In reply to

    Re: Parties never reside as a married couple, nor sexually c...

    "Can they show in the court that they send me that docuement for settlement?"

    I suppose so, but so what?  :)

    I wouldn't worry about an immigration attorney at the moment unless -- though you do not say -- someone has contacted CIS to allege that your marriage was a lie and the CIS is taking action.  Why do you think anyone will "accept" what she has to say?  Remember, unless she's interacting with CIS, all you ought to be focusing on is the divorce action.

    ... and, by the way, just because she's destroyed X documents doesn't mean you cannot get duplicates. 

  • 10-03-2012 2:30 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    basically she filed the divorce based on "irreconcilable differences" living seperate more then 6 months and irreconcilable differences between famlies, and attorney told me you don't even need to do anything, but when I searched and attoney suggested its good to have a settlement agreement so then I asked them about the settlement agreement that should say she will not claim anything on me, basically that says in the MSA documents, but the first thing she added that we never had relationship and we never live togethor. now I'm just not sure if they gona attach this document also in the divorce whats gona happen. or they have something else get ready to prove that we dont have relationship in her family all are doctors, so she have no issues getting any documents like that for prove.

  • 10-03-2012 2:37 PM In reply to

    Re: Parties never reside as a married couple, nor sexually c...

    Sweet mother of the gods.  WHO CARES if she attaches this proposed settlement agreement to anything?  (And I can't imagine why she would.) 

    Focus on the forest, not this particular tree.  :)  Seek counsel.  We've gone as far as we can go with this thread.  :)

  • 10-03-2012 2:49 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    Thanks guys, this thread may help other people also, I will consult with the immegration lawyer and post some stuff what I get from him. I just really want to know if there is any law that can also protect our rights over US Citizens who sponser us first to bring us here then threat us like this.

  • 10-03-2012 4:26 PM In reply to

    Re: Parties never reside as a married couple, nor sexually c...

    salsal:
    yes its a false alligations against me

    You said this is a settlement agreement, so the statements are not allegations.  Since at least the statement about not living together is not true, I'm at a loss to understand why you would be considering the consequences of signing the document.  We can't give you legal advice, but I don't think it constitutes legal advice to say that you should not be signing any document that contains statements that you know to be untrue.  This is particularly true of documents that will or may be filed with a court.

     

    salsal:
    I don't know how i'm gona prove that they are liying.

    Just because your wife sent you a settlement agreement that says you never lived together doesn't mean she will seek to prove that in court.  Nevertheless, I have a hard time believing that you don't have any evidence (beyond your own testimony) of where you lived for three year (or whatever number of years it was).

  • 10-03-2012 5:45 PM In reply to

    • salsal
      Consumer
    • Not Ranked
    • Joined on 10-03-2012
    • NJ
    • Posts 10

    Re: Parties never reside as a married couple, nor sexually c...

    ok, finally I try to think for the proof of living togethore, and found online bank statments for that address, also found one of the Affidavit document that her parents gave me when we went for the interview two years later after I got married to remove the conditional green card and get 10 years green card, that clearly says we are in good relationship and signed by her parents with the stamp of the bank clerk, now I just need to figure out when to use it. I left all my documents in her house NJ in January 2012 when I got the job in NH and decided to live on my own, but they are just keep forcing me to live with them that ***heck life. one thing I figureout is Never trust anyone. I didn't document anything and now I'm paying the price for this.

Page 1 of 2 (21 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community