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Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted (edited)

In late 2007, I married my alien wife in her country. In July 2008 she arrived in the US to live with me. In September 2011 her 21 year-old son joined her in the US as a LR. Not quite 3 months later, my wife secretly arranged for an apartment for her son to move to and started acting very difficult and unhappy. It quickly became intolerable so we agreed to separate and she and her son moved to they're new apartment. We have a signed separation agreement and "so far" she seems willing to have an uncontested divorce.

Here's my questions. If she decides to lawyer up and contest the divorce for whatever reasons, can I use her "possible" conspiracy to bring her son here and then quickly leave me against her in court? Possibly get an annulment? ? I mean, it looks very fishy happening so fast.

Next question. For divorce purposes, when will a judge determine the length of our marriage? From the date I married her in her country? Or when she arrived in the USA to live with me? I'm guessing when we married but I just want confirmation.

Final question. I have two IRA funds I set-up many years ago and they did not accrue any additional value while we were married. I'm certain this will be determined as a separate asset, not a joint marital one. But you never know. Anyway, I want to cash in this IRAs now. Can I liquidate them or should I wait until I'm divorced?

Thanks!

Edited by visaveteran1
Posted

Whether or not you can get an annulment will depend on your state laws. Have you talked to a divorce lawyer? Date of marriage will be determined from the day you actually married, not when she arrived.

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Filing in November 2013

Filed: Country: Philippines
Timeline
Posted

Sorry to hear you're going through a separation and headed to family court. With regards to the IRA accounts, if you live in a community property state, she'll be entitled to the increase in value after the date of marriage, which sounds like she has nothing coming. You have the statements to prove the actual account activity if those IRA accounts are questioned. I would cash them if you need the cash, but I would not add that cash to regular checking or savings accounts.

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Filed: Other Country: Russia
Timeline
Posted

In late 2007, I married my alien wife in her country. In July 2008 she arrived in the US to live with me. In September 2011 her 21 year-old son joined her in the US as a LR. Not quite 3 months later, my wife secretly arranged for an apartment for her son to move to and started acting very difficult and unhappy. It quickly became intolerable so we agreed to separate and she and her son moved to they're new apartment. We have a signed separation agreement and "so far" she seems willing to have an uncontested divorce.

Here's my questions. If she decides to lawyer up and contest the divorce for whatever reasons, can I use her "possible" conspiracy to bring her son here and then quickly leave me against her in court? Possibly get an annulment? ? I mean, it looks very fishy happening so fast.

Possible conspiracy can't be used. If she gets an attorney, you'll need one too. You could bring it up with an attorney but without proof it's not likely to fly in court. If you have proof, then it's a different story.

Next question. For divorce purposes, when will a judge determine the length of our marriage? From the date I married her in her country? Or when she arrived in the USA to live with me? I'm guessing when we married but I just want confirmation.

Yes, date of marriage.

Final question. I have two IRA funds I set-up many years ago and they did not accrue any additional value while we were married. I'm certain this will be determined as a separate asset, not a joint marital one. But you never know. Anyway, I want to cash in this IRAs now. Can I liquidate them or should I wait until I'm divorced?

Thanks!

Generally any property or assets acquired entirely before the marriage are separate property - (not shared). You still have to be careful here - it's important to have proof that it was from before the marriage. Any earnings during the marriage would be shared. Also if you ever made her the beneficiary, that could affect things too.

I would check with an attorney before you sell the IRA's. Right now they're considered an asset and you should be able to get all of it. If you sell it, that might change.

To be really sure of all this, you have to check your state law. All these general rules can get thrown out of whack by the crazy laws that individual states can sometimes have.

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Here's my questions. If she decides to lawyer up and contest the divorce for whatever reasons, can I use her "possible" conspiracy to bring her son here and then quickly leave me against her in court? Possibly get an annulment? ? I mean, it looks very fishy happening so fast.

What state are you in? In most states you can't get an annulment unless you can show that the marriage was void or voidable at the time you married. You married in 2007. She brought her son here in 2011. That's not "happening so fast".

I'm not saying there's no connection between her choice of timing. It could very well be that she was waiting to get her son here before breaking off the relationship. That's not really unusual. Many people postpone divorce until a time when it's more convenient. Many marriages also begin to collapse rapidly after a single event. Not necessarily anything suspicious here, but I'm not wearing your shoes so I might not see it the way you do.

If you're in a no-fault divorce state then there's precious little you can use "against her" in court. In a no-fault state the judges don't give a damn why your marriage failed. "Irreconcilable differences" is all they need to know. They just want to make sure the settlement is fair.

Next question. For divorce purposes, when will a judge determine the length of our marriage? From the date I married her in her country? Or when she arrived in the USA to live with me? I'm guessing when we married but I just want confirmation.

The marriage began on the day you got married. Pretty simple.

Final question. I have two IRA funds I set-up many years ago and they did not accrue any additional value while we were married. I'm certain this will be determined as a separate asset, not a joint marital one. But you never know. Anyway, I want to cash in this IRAs now. Can I liquidate them or should I wait until I'm divorced?

Thanks!

Don't do anything with the IRA's until you get the go ahead from either the judge or a lawyer. When I filed for my divorce I received an order from the court that I was not to touch any assets, other than income as required to continue to pay my bills, even if I was sure they were separate assets. You don't know which assets she might contest, and you don't want her accusing you of disposing of assets to prevent her from getting a share of them. It's also possible you might be able to use some separate assets as leverage. For example, if she presses for spousal support and the court is inclined to agree then you might be able to offer an asset in lieu of an order of support just to avoid the bitterness of having to write a check every month. A clean break with no strings attached is usually better for your emotional well being.

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Filed: Country: Nigeria
Timeline
Posted (edited)

What state are you in? In most states you can't get an annulment unless you can show that the marriage was void or voidable at the time you married. You married in 2007. She brought her son here in 2011. That's not "happening so fast".

By "so fast" I think he meant that right after the son got here she started acting funny and now lives with him.

Oops. I quoted myself inside your quote.

Edited by Kazulie

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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I think the IRA is best rolled over into Booze and Hookers. Legal ones of course. Like at Reno, so it is a perfectly legal thing to suggest as per the rules of this forum. It is the best investment advice I can give for a man in your shoes too. Not to mention a health care issue. Sounds like she got the job done. I mean getting her permanent residency, including her son. Your state clerk of court has all the divorce/dissolution papers for you to fill out. Yes, the assets acquired before you met her are yours. You still have to get her to sign the dissolution. I had one refuse to sign without a signing bonus.

 
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