I don't want spouse to get 10year GC.. options?

[leoidiarte 2]

If I was you I would initiate the divorce proceedings. If you are not an attorney or you are a complete ignorant on legal issues and you have good assets... GET AN ATTORNEY NOW!

INITIATE THE DIVORCE YOURSELF AGAINST HER. For many reasons. She will have a period to counter respond your claims and you can choose what county it will be done for you and you can be 'smarter" doing the first move.

ABOUT HER: There is nothing that you can do about her ROC. listen to me AGAIN" There is nothing that you can do. You could lie and say that she commited fraud but she will prove it that she didnt you will probably will go to jail or pay a big fine.

Focus on the divorce. Its the only thing that you can have some control.

Thanks and good luck!

[Expat1 971]

But legally its not that simple is it? Yes I would like to just divorce and move on... but I want a backup plan to protect myself.

And I still have that I-864 over my head until she loses LPR. I may have an irrational fear of it but like I said, PLAN A is an uncomplicated divorce where we both move on. PLAN B is not nice (I admit it) but honestly, what other option do I have? I have no protection from the 864 OR if she want to claim support/alimoney (even though she has significant assets abroad).

Its not like I'm going to shove the LPR issue in her face, but I do want an ace in the hole if things start getting out of hand. It may be mean, but avoiding a messy divorce is more important than being a dupe.

Listen closely and this is my only comment in this thread.

There is no ace in the hole. This is not going to be any different from any other divorce. It was already communicated with you that if you hold LPR over her head it can be used against you.

Your best bet is the same best bet that would apply if you had married a girl from your neighborhood. Sit down, amicably discuss the best way to separate and get through the divorce, and get it over with. The WORST thing that could happen to you is to throw her out or somehow use this to mess with her immigration status and get slapped with 125% of poverty payments to her monthly and indefinitely, which happened to a friend of mine in Tx who paid up until she re-married.

That I864 was enforced by the family court judge, not the federal government. You can imagine how it felt to be supporting his ex-wife and her new boyfriend tho. Dude almost drank himself to death over that 3 yr period but he was playing around just like you say you want to with her AOS and immigration status and she put that on the list of bad things that every divorce lawyer likes to staple to the petition.

We all signed the forms and we all knew the risks. When it's over, or if it doesn't work, we have to man up and get through it. Immigration status, once a green card is issued, is no longer an "Ace in the Hole" as it can be during adjustment of status (which is also cruel, but that's the time some people get to figure out if it's working or not).

Edited November 21, 2015 by Expat1