1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Divorcing Wife Applying for Citizenship

Discussion in 'Divorce, Separation, Annulment' started by Mochi, Jun 18, 2019.

  1. Mochi

    Mochi Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Virginia
    Hi.

    My wife and I were both green card holders. Though now, I have my citizenship now but she does not. If we apply for divorce, could she still apply for citizenship? We both got here based off her asylum story. Would this be a problem?

    Also her name is not on anything (cars, ect..)what is she entitled to? Everything is in my name. Am I going to get screwed over? What part of my money is she entitled to? We have separate bank account. What is initiating divorce like? Can we initiate it while or before she applies for citizenship?
     
  2. flyingron

    flyingron Active Member

    Messages:
    332
    Likes Received:
    129
    Trophy Points:
    43
    As I told you in the other forum, the divorce is not going to affect her citizenship application at this point (there would have to be some fraudulent intent on representing the marriage). She can expect to be asked about it during the interview to verify that things are on the up and up. It really doesn't matter when she applies for divorce.

    As far as the property division in the divorce, understand that things acquired during marriage are almost certainly to be considered marital property regardless of whose name is on them or what accounts they are deposited in. You're not being screwed, all marital property is required to be equitably distributed. You should each have an attorney. There's often some dealing going on on the split with regard to assets not easily divided (houses, cars) and it may make sense to trade off one asset for another.
     
    Mochi likes this.
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,996
    Likes Received:
    607
    Trophy Points:
    113

    Of course she can.

    I'm not sure what "this" refers to, but nothing in your post suggests that you and your wife divorcing would have any relevance to a citizenship application she might make.

    The court will divide your marital property in a manner that it determines to be equitable based on several factors.

    Do you really think this is a question that anonymous strangers who have zero information about your situation will have any ability to answer?

    I have no idea what this question means.

    You or she can file for divorce any time you like. Be aware, however, that Virginia has some relatively archaic laws when it comes to grounds for divorce, so I suggest you consult with a local family law attorney.
     
    Mochi likes this.
  4. army judge

    army judge Super Moderator

    Messages:
    30,595
    Likes Received:
    4,237
    Trophy Points:
    113

    Okay, but why state the following?

    If you are a citizen of the USA, why do you still possess a Green Card?
    No need to answer, because I know why.


    If you are divorcing, what she does will no longer be your concern.


    :D I knew that was coming, from one side or the other.

    I also know that you already know the answer to the question.

    So, I'm going to place my tongue next to my cheek and giggle like a little baby!

    I sure hope so, and I bet she does, too!!!!
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    1,011
    Likes Received:
    543
    Trophy Points:
    113

    Take another look at the OP - The OP stated that they *were* both GC holders, but he is now a citizen. He doesn't state that the still has a GC.
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,595
    Likes Received:
    4,237
    Trophy Points:
    113


    You take a look, if that is what you wish to do.

    As Rhett said to Scarlett:

     
  7. Zigner

    Zigner Well-Known Member

    Messages:
    1,011
    Likes Received:
    543
    Trophy Points:
    113

    I did take another look at it just to make sure :)

    I really wasn't trying to argue with you about your post...I just wanted to clarify that one point.
     
    Mochi likes this.
  8. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,762
    Likes Received:
    534
    Trophy Points:
    113

    Why do you even care?
     
  9. army judge

    army judge Super Moderator

    Messages:
    30,595
    Likes Received:
    4,237
    Trophy Points:
    113


    Hmmm, I'm trying to think of a reason.

    As I TRY to think only one strange word keeps popping into my empty skull.

    SCAM.jpg
     
    Highwayman likes this.
  10. Mochi

    Mochi Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    I care because I don't want things to end on really bad terms and I personally think it would suck if she gets deported just because we can't get along. I'm trying to be cordial.
     
  11. army judge

    army judge Super Moderator

    Messages:
    30,595
    Likes Received:
    4,237
    Trophy Points:
    113


    Hmmm


    Hmmmm
     

Share This Page