I am a us citizen who entered into marriage on good faith assuming all was well. During the 1st yr of the marriage, I learned that my wife cheated on me and entered the marriage for the purpose of obtaining a green card.
It has been 16months since the marriage and 11 months since she obtained a conditional green card. We have no kids and a pre-nup together that protects my assets. My assets are limited (bank accounts and job).
I am a NY state resident and am considering filing for a divorce however my greatest fear is that of alimony or ongoing maintenance. She works today but for cash and has no proof of income. We live in separate apt's now but we are still married on paper. I'm in the process of consulting with lawyers but need some advice from this forum on which option I should take to incur the minimal amount of financial burden.
As I see it, i have two options:
1. Get a divorce and fight the alimony.
-What rights does she have as a conditional green card holder with respect to alimony? If she looses her green card and becomes an illegal alien, do I still have to pay allimony or does this stop? Can I file a complaint with UCSIS or ICE that she used me for the green card and what are my odds with this option?
I can request that we get a post-nup to harden my assets so that when we do get a divorce after the green card, she wins and I win -- no harm done.
My question here is, can the post-nup be made null and void for some reason and then she will request alimony? Is there some document that I can draft and have her sign so that 90% she will not get anything from me?
3. Any other options on what I can take to secure my financial state would be most helpful. I am not a vindictful individual but perhaps a bit naive so if she gets the green card and wants nothing from me -- then that would be great but I cannot guarantee her intentions. Today she is still a *conditional* green card holder so I theoretically have the upper hand but the divorce law in NY seems to favor the women especially one that as no proof of income on paper.