Ex Wife Divorced and remarried

[jwnnm 0]

Hello,

I have a few questions. I got married in 2007 and brought my (Ex) wife and her children over to the USA on a CR1 visa. They were granted green cards in early 2009. Well in Nov 2009 my wife divorced me. No hardship or abuse in the marriage. Just what I thought were irreconcilable differences I thought at the time because I made it a point to ask her point blank if she had met anyone else before I signed the dissolution papers. Well less than 3 months after our divorce she remarried to someone else. After learning about her remarriage and doing some research. I find that, She had been cheating on me since Dec 2008 with this person. Less than 2 years after we were married and less than 8 months after her arriving here in the USA..

Anyways this is not the main point of my question here. I just got possesion of my house back from her and have discovered that she has taken a lot of stuff that was not hers when she vacated the house.. Most important to me was my passport. I know for a fact she took it, because she left all of my other files and bills, but no passport and to get to the other files she had to have seen the passport. She has left me no forwarding address, no phone number nor will she reply to my emails, requesting that she give at least my passport back. I plan on contacting a lawyer and filing a civil suit against her for the stuff she took that was not in the dissolution agreement. But I need my passport back.

Also on a side note, I heard somewhere that even though we are divorced that I am still responsible for her financial affairs, even though she has already remarried.. Is this true? She and the kids are not due for removal of Conditional Residence Status until Feb 2011.

Thanks for any advice in advance

[payxibka 10,047]

Hello,

I have a few questions. I got married in 2007 and brought my (Ex) wife and her children over to the USA on a CR1 visa. They were granted green cards in early 2009. Well in Nov 2009 my wife divorced me. No hardship or abuse in the marriage. Just what I thought were irreconcilable differences I thought at the time because I made it a point to ask her point blank if she had met anyone else before I signed the dissolution papers. Well less than 3 months after our divorce she remarried to someone else. After learning about her remarriage and doing some research. I find that, She had been cheating on me since Dec 2008 with this person. Less than 2 years after we were married and less than 8 months after her arriving here in the USA..

Anyways this is not the main point of my question here. I just got possesion of my house back from her and have discovered that she has taken a lot of stuff that was not hers when she vacated the house.. Most important to me was my passport. I know for a fact she took it, because she left all of my other files and bills, but no passport and to get to the other files she had to have seen the passport. She has left me no forwarding address, no phone number nor will she reply to my emails, requesting that she give at least my passport back. I plan on contacting a lawyer and filing a civil suit against her for the stuff she took that was not in the dissolution agreement. But I need my passport back.

Also on a side note, I heard somewhere that even though we are divorced that I am still responsible for her financial affairs, even though she has already remarried.. Is this true? She and the kids are not due for removal of Conditional Residence Status until Feb 2011.

Thanks for any advice in advance

read the I-864... divorce is NOT one of the conditions that terminates the contract....

she can file to ROC on her own, if that is what she chooses...

[HandA 2]

Hello,

I have a few questions. I got married in 2007 and brought my (Ex) wife and her children over to the USA on a CR1 visa. They were granted green cards in early 2009. Well in Nov 2009 my wife divorced me. No hardship or abuse in the marriage. Just what I thought were irreconcilable differences I thought at the time because I made it a point to ask her point blank if she had met anyone else before I signed the dissolution papers. Well less than 3 months after our divorce she remarried to someone else. After learning about her remarriage and doing some research. I find that, She had been cheating on me since Dec 2008 with this person. Less than 2 years after we were married and less than 8 months after her arriving here in the USA..

Anyways this is not the main point of my question here. I just got possesion of my house back from her and have discovered that she has taken a lot of stuff that was not hers when she vacated the house.. Most important to me was my passport. I know for a fact she took it, because she left all of my other files and bills, but no passport and to get to the other files she had to have seen the passport. She has left me no forwarding address, no phone number nor will she reply to my emails, requesting that she give at least my passport back. I plan on contacting a lawyer and filing a civil suit against her for the stuff she took that was not in the dissolution agreement. But I need my passport back.

Also on a side note, I heard somewhere that even though we are divorced that I am still responsible for her financial affairs, even though she has already remarried.. Is this true? She and the kids are not due for removal of Conditional Residence Status until Feb 2011.

Thanks for any advice in advance

If you are divorced legally, the fianancial responsiblities should be included in the final divorce decree. If the kids are not yours, I don't belive you have any obligation to pay child support. As far as your passport is concerned, my personal opionion is that if you can't get your passoport back and don't want to deal with her anymore, file for a stolen/lost passoport and get a new one, and move on with your lifel.

[jwnnm 0]

If you are divorced legally, the fianancial responsiblities should be included in the final divorce decree. If the kids are not yours, I don't belive you have any obligation to pay child support. As far as your passport is concerned, my personal opionion is that if you can't get your passoport back and don't want to deal with her anymore, file for a stolen/lost passoport and get a new one, and move on with your lifel.

Thanks for the response,

The main question I was wondering about was my financial responsiblity. In the dissoloution the financial were agreed upon and I do not her anything and no child support as the children were not mine, I just was not wanting any other surprises from her. One other thing I was thinking about is this. I know that she can file for ROC on her own and without anything from myself. Yet I was wondering will the situation or her having remarried so shortly after our divorce have any bearing on the USCIS decision for ROC?

Thanks

[VanessaTony 3,567]

... changed my mind sorry. Mispost.

Edited June 12, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

Thanks for the response,

Yet I was wondering will the situation or her having remarried so shortly after our divorce have any bearing on the USCIS decision for ROC?

Thanks

I don't think so. On the contrary; if her ROC petition gets declined, which is unlikely to begin with, her new husband can file a new petition for her. She's here to stay.

[Scalpel 14]

I don't think so. On the contrary; if her ROC petition gets declined, which is unlikely to begin with, her new husband can file a new petition for her. She's here to stay.

Well, I think it's premature to assume that "She's here to stay". Since she's not a widow of a USC and she wasn't battered or abused in the marriage, she still has to prove that she entered into the marriage in good faith and overcome the presumption that it was a sham marriage entered into just to circumvent immigration laws. Even if her new husband files a new petition for her, the level of suspicion gets even higher that she's "spouse-shopping" for immigration benefits. In addition, if the OP is able to successfully file charges or suit against her for the theft of his passport, and perhaps also prove to the USCIS that she married him just for immigration benefits (if this is truly the case), then I'm not sure if "She's here to stay".

Edited June 12, 2010 by Scapel

[JimVaPhuong 4,863]

Well, I think it's premature to assume that "She's here to stay". Since she's not a widow of a USC and she wasn't battered or abused in the marriage, she still has to prove that she entered into the marriage in good faith and overcome the presumption that it was a sham marriage entered into just to circumvent immigration laws. Even if her new husband files a new petition for her, the level of suspicion gets even higher that she's "spouse-shopping" for immigration benefits. In addition, if the OP is able to successfully file charges or suit against her for the theft of his passport, and perhaps also prove to the USCIS that she married him just for immigration benefits (if this is truly the case), then I'm not sure if "She's here to stay".

Ooops!

She has to prove good faith marriage even if her USC spouse died, or she was subjected to abuse. The only basis to self-petition for removal of conditions that does NOT require proof of good faith marriage is extreme hardship.