Parties never reside as a married couple, nor sexually consu

Latest post Wed, Oct 31 2012 3:39 PM by salsal. 20 replies.
  • Wed, Oct 3 2012 5:47 PM In reply to

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

    I lived with them from 2006 oct to Jan 2012, its almost 6 years.

  • Fri, Oct 12 2012 11:35 PM In reply to

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

    First of all, if you lived with them there has to be some sort of record beyond their control that will show that you lived in the same household.  I'd guess that at one point you filed your mailing address witht the local U.S. post office. You must've filled out a form to update your address with them.  It also occurs to me that you can even persuade the mailman to execute a sworn affidavit stating that he delivered mail items to your address multiple times. Heck you can even pursuade him to appear in court.

    Second, I think your ex-wife is playing a very dangerous game.  If she is purposefully misrepresenting material facts to her lawyer, it is almost as if she is misrepresenting these facts to the Court itself. 

    Third, you stated that you had joint bank accounts, insurance, etc together.  Even if she destroyed all these documents, you can request a copy directly to the bank, insurance co, etc.  In fact, many banks are willing to execute affidavits (letters) indicating whose names were on specific accounts. Even if the bank refuses, your attorney can subpoena all those records. Trust me, a bank or insurance company will not put up with you ex-wife.

     

  • Sat, Oct 13 2012 10:52 AM In reply to

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

    It would be very foolish to sign such an agreement. The only possible purpose for including a (totally false, according to your post) statement that the parties never lived together or consummated the marriage is to set the stage for an attempt at green card revocation on the grounds of marriage fraud. What other possible reason could there be for including such language? It is normally not required as grounds for divorce, and it seems unlikely that it would make much, if any, difference in financial settlement arrangments. 

    Normally, once one has received an unconditional (10-year) green card based on marriage, the green card is safe from attack, but not always. This could be one of those cases where losing a green card might be possible, no matter how many years one has been a permanent resident. There is no statute of limitations for revoking a green card if facts come to light later on showing that the green card was obtained by fraud.

    Anyone who is unwise enough to sign such a statement should be prepared for an attempt by the spouse or her family to have his green card taken away. The attempt might even be successful. A good divorce lawyer should be able to help in negotiating a realistic separation or divorce agreement which does not contain blatant falsehoods about the marriage relationship or put anyone's green card in jeopardy. 

    The above is general information only, not legal advice, and does not create an attorney-client relationship.

    Roger Algase

    Attorney at Law

    New York NY 

    algaselex@gmail.com

  • Wed, Oct 31 2012 3:36 PM In reply to

    • salsal
      Consumer
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    • NJ
    • Posts 10

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

    Thank you, 

    I hired a family lawyer in New Jersey now my attorney is dealing with my wife.

    Sal

  • Wed, Oct 31 2012 3:39 PM In reply to

    • salsal
      Consumer
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    • Joined on Wed, Oct 3 2012
    • NJ
    • Posts 10

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

    Thank you, 

    Yeah I figured out, I talked with the family lawyer and I have collected all the evidences of living togethore. my attorney filed reponse by saying we want this settelment agreement to discuss in the court specially on the point of saying we had no sexual relationship.

     

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