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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118288
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Judith, I have been married since February 2012 but my wife

Customer Question

Judith, I have been married since February 2012 but my wife could not get into the USA due to overstaying a VISA. She finally was approved in June 2014. We fought nonstop - she shop and shop and shop! WE decided on a divorce and went to an attorney together
in October. Done deal - as least I thought. She turnaround and contested the divorce and said I was not going to get off that easy. We ended up in court, finally divorced in September 2015 without a settlement but a hardy maintenance fee since she quit her
job prior to the divorce. It is still in court because she keeps delaying it for dumb reasons, no interpreter, not enough time to look at files. She fired her attorney and went and got another so we had to start all over. It is obvious she is only after money.
She is making me dig up records from 20 years ago (before I even knew her), she has subpeona business acquintances and old employers - again way before I knew her. She is working as a caretaker with free room and board so she is getting my hefty check of 2500.00/month
which was deteremined at that time that she was going to need rent money for housing. How can I stop this from being delay, why doesn't the judge notice that her request are before the marriage - it's pretty obvious that she married me for money and a green
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We have been told Judith has been unavailable for awhile and we do not know when she will return.
Your attorney needs to object to the requests for continuances and present evidence she is indeed working and that she had voluntarily quit her other job and that income needs to be imputed to her based on that and also her getting free room and board working as a caretaker.
Furthermore, you need to contact USCIS regarding her fraudulently marrying you for the green card based on the facts you are now uncovering. You will not be in trouble if you show you had no way of knowing that she was defrauding you to get the green card and the fact she is divorcing you less than a year or so after obtaining it can be grounds for USCIS to revoke her green card.
It is up to your attorney to present evidence that these continuances are just unnecessary delays and to object to subpoenaing records or people who have no bearing on the time you were married. Discovery is for getting information that can lead to admissible RELEVANT evidence in the case and information from before you were married would in most all cases not be relevant to this matter.
You have to get your attorney to be more aggressive with this matter to try to stop her from continuing with this.