I am planning on divorcing my wife. Had a consultation w an attorney who said I had the ability to prevent my spouse to get the permanent green card and use this as leverage in my divorce case. Basically get her to come to agreement on divorce on terms that are favorable to me in exchange for me helping her w the perm residence adjustment.
I did some research and it appears my wife would have the ability to use the waiver if she can prove that the marriage is real.
Below is what she would
use as evidence:
We have a child together
Joint tax return
Heallth insurance via my employer
Photos of recent trips and w family
No commingling / ownership of financial assets/liabilities
Does she have a strong case w the above evidence or does she really need my involvement?
Unless you are going to build a future on having played dirty, don’t hire this attorney. One assumes from your recitation of the situation that this was a good faith marriage. Now that you’re married you have a fiduciary duty to her and she has the same to you. Extortion is a breach of fiduciary duty, so you do not really want to go there.
Frankly you really don’t want to go to court. If there’s any earthly way you need to sit down with this person that you once loved and with whom you are now very much involved legally, psychologically, and any other way you think of, and work through something so that both of you come out of it roughly equally unhappy and roughly equally happy.
This is general advice. You are anonymous. If...
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