Wife Alleges Grounds for divorce is abuse in no-fault state.

[TonyGutierrez 2]

What happens if USA husband starts a divorce in a no-fault state with grounds for divorce as "Incompatible" and wife trying to get a green card counter-petitions with "abuse"? My state permits fault/No fault divorces. I'm looking for a no-fault divorce. She wants a fault divorce. My wife filed 1 claim for domestic violence in the past which got denied as she was the attacker and couldn't prove anything. We are getting divorced because we don't get along but she's trying to use the trick of abuse to get a green card which is fraud. I have a lawyer by my side but I'd like to hear from others as to where this is going. She never got a green card even though I did apply for one but I withdrew the "affidavit of support" before it got approved when I realized our marriage wasn't working out. Her green card application got denied but she still wants one. She cannot pay for a lawyer since she has no green card or work permit and wants me to pay for all costs including her lawyer and alimony.

[SingleDad2usc 71]

With lawyer's help, she'll file I-360. Given psych professional therapy, she'll win approval in about a year. As to divorce conditions: only your respective lawyers can tell

[TonyGutierrez 2]

She call tell immigration whatever lies she want. I've informed immigration of the fraud because I did not want anything to do with it. All I care about at this point is getting my divorce under no-fault and get as far away from her as possible.

[SingleDad2usc 71]

It's fine that you contacted immigration; but her I-360 self-petition will be determined based on evidence she provides to them. And she'll need to fulfill a lot of evidentiary requirements. As to your divorce conditions, they will be negotiated between you and her, with the two attorneys obviously major determinants

[VanessaTony 3,567]

You petitioned the divorce, the setting of the grounds is up to you. She can try and "negotiate" a change but you have to agree to it.

Basically you're right. She's trying to use the divorce with an "abuse" grounds as another form of evidence.

The things that she's asking for depends on your state. If she doesn't work and CAN'T work, the attorney could try and claim them from you by filing the paperwork. The judge would decide. Alimony also depends on the state rules. She isn't legally able to remain in the US but that is unlikely to be used in the paperwork.

She is, sadly, entitled to try whatever she likes. Whether it works is up to USCIS. You are thankfully not on the hook though. DO NOT change the grounds for divorce. NEVER be alone with her. Have all communications put through her attorney. In fact if you wanted to try for an OP to stop her contacting her and putting the grounds as the previous false claim of abuse and your concern she is trying to use you for a GC, it MIGHT get granted.

Again, DO NOT change the grounds of divorce. There is no reason to change it to abuse in a no-fault state outside of some malicious plan. The only "gain" is another piece of evidence for her.

[TonyGutierrez 2]

Thank you for your feedback. I will not admit to her lies.

[SingleDad2usc 71]

If you mean her I-360, it is her self-petition, and none of your testimony will count. She has to submit required proofs; and if she does, she'll go thru the entire immigration process entirely on her own.

In divorce proceedings, your lawyer will advise best resolution

[Sandra G. 5,048]

She does not need a divorce based in Domestic Violence to file Vawa, but if your States allows fault/non fault divorce then get a good lawyer to represent you.

[Darnell 8,478]

Although she 'countered' as the defendent,

it's still on the judge to make the determination during the trial.

IMO, focus on trial documents and what YOU will present to the judge for addressing her counter-claim.

For the nonce, stay the @#ck away from her.

[TonyGutierrez 2]

She has no proof of anything. I'm pretty confident I can win. I would like to minimize my expenses because mostly likely since she can't work I'll have to pay for the whole mess.