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Divorce From A Conditional Resident

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  • 08-16-2007, 08:09 PM
    bdnptown
    Divorce From A Conditional Resident
    I'm seperated from my Dominican wife since 6/11/07. She is a conditional resident. I would like a divorce but can't really afford a lawyer at this time. I believe she just used me to get her papers. I believe for her to file for permanent status without me she has to file for divorce. If I wait for her to divorce me, could she get assets I gain in the time we are seperated? What all could happen if I don't go ahead and file. New Jersey
  • 08-17-2007, 02:16 PM
    Mr. Knowitall
    Re: Divorce From A Conditional Resident
    I doubt that she will file for divorce, as it is probably more to her favor to remain married to you as long as she possibly can. The separation seems likely create issues with trying to remove conditions from her Green Card, although... there is always the possibility that she will claim domestic violence to try to get around that problem. And yes, if you choose to remain married, you open up the possibility that assets you continue to accrue will be treated as marital assets in a divorce.
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