Hello, I am a US citizen and married a German woman. I was under the impression that we married for the right reasons but the very day my wife got her green card she asked for a separation and then the following week asked for a divorce. She is currently filing the papers through an attorney she's hired and I'm suppose to sign them some time in January 2010. I'm totally shock with this turn of events. She say's the marriage was not for the green card but then I'm confused why she wants a divorce. Is there anyway that her status can be revisited and here green card put on hold because of all this. I don't want her to get into trouble but I'm really confused and hurt that she did all this the very moment she got her letter in the mail the 3rd week of Oct. 2009.
If she wants a divorce that's her decision but I gave her vow when we married and have stood next to her for the past 2yrs 11months. Now she wants to leave and feels there is no consequences to her actions. So, are there consequences or is she "free to go" with her green card? Thanks

Also I want to add that she told me just days after asking for a divorce that she committed infidelity with a mutual friend. Can she be held responsible??

You can't stop the divorce but you can withdraw your sponsorship... notify USCIS.

Thanks, lawanwadee.
Also wanted to ask, is it possible that I can file for an annulment?
The three things that I have as evidence are:

1) the infidelity that I have proof now has been going on for at least
5 to 6 months. (I have emails, letters from her to him admitting the
. Intimate relationship)

2)the fact that just as soon as she received her permanent green card she asked for a separation and then a week later the divorce.

3) I found a strange contract between her and her father that was written in German that I had translated which has a section in it that says that she has to divorce me.
Her father is a very wealthy business man and when he found out that
Her and I were married he flipped out and it looks like he drew up this strange contract to force her to divorce me along with several other things.

Ive also asked her to go to counseling and talk about things and she is unwilling.

Also she stopped a long time ago with sexually relations.

We are technically still married and I'm suppose to be served the divorce papers some time in January.

Thanks b

Thanks b

Also, how many days after I am served with the divorce papers do I have to respond?

If I choose NOT to sign the divorce papers what will happen?

Also again... in the contract between her and her father it says not only must she follow through with the divorce but that she must make sure that I have no "demands" during the divorce. She signed the contract on Nov. 29th 2009... her parents left CA. and returned to Germany on Nov. 30th 2009... and that very evening (the 30th Nov.) she said to me while we both sat in the Kitchen talking and cried... that she was giving the relationship a "second chance" but that I would still have to follow through with the divorce. When she first said she was giving the relationship a "second chance" I was so elated that I took her for being honest and truthful, but nearly a month later and after finding the "contract" I'm wondering if she just said it to "reel" me in... especially since she said it to me just hours after her parents left and one day after she signed the "contract".
Thanks again for your thoughts and guidance. Sincerely b

Annulment based on Fraud:
Fraud: Either party's consent to the marriage or domestic partnership was obtained by "fraud," unless the defrauded party thereafter, and with full knowledge of the facts constituting the fraud, "freely cohabited with the other" as husband and wife. [Ca Fam § 2210(d)]

The type of "fraud" sufficient to support a judgment of nullity must go to the very essence of the marital [or domestic partnership] relation. Thus, fraud or deceit sufficient to avoid an ordinary contract will not necessarily warrant a judgment of nullity. The alleged misrepresentation or concealment must have been "vital to the relationship," directly affecting the purpose of the deceived party in consenting to the marriage/domestic partnership.

The following are some examples of the kinds of fraud which would warrant a nullity judgment:


O As between spouses, concealment of sterility, of existing pregnancy, or of an intent not to terminate a sexual relationship with a "significant other" goes to the "very essence" of the marriage relationship and thus is sufficient ground for a judgment of nullity.
O As between married persons, a concealed intent not to live with the other spouse, not to engage in sexual relations with the other spouse, or not to have children despite a promise to the contrary supports a judgment of nullity on the ground of fraud.
O Wife, who was induced to marry by Husband's false representations he was an honest, law-abiding, respectable and honorable person and that he had a child who was well provided for, was entitled to a judgment of nullity on the ground of fraud where Husband had in fact been convicted of grand theft, was a parole violator and a fugitive from justice, and was guilty of failure to support his children from a prior marriage.
O A judgment of nullity based on fraud is also warranted where one party's motive in entering the marriage was solely to obtain a green card (to acquire U.S. residency status) and he or she never intended to engage in sexual relations with the other or to meet marital duties.

I don't see annulment case here only divorce. Move on...

Thanks. Can you respond to the following?

Also, how many days after I am served with the divorce papers do I have to respond?

If I choose NOT to sign the divorce papers what will happen?

Also, why should someone move on when they've done nothing wrong and the person doing everything wrong and manipulating is getting away with it. How can that be fair and reasonable?
Yes, I agree with moving on but it's not right that I married for all the correct reasons and all it takes is her to manipulate the situation for less than 3 years and then call it quits and she has what she needs. You tell me where the justice is it that?
And please just don't tell me to "move on", it's not your life that needs to "move on"... and it's easier said than done especially when your heart is in it and now is being broken.

If you ignore the divorce paper and fail to appear in court, it means you accept terms and conditions requested by the other party. If you disagree with terms and conditions, then you should get a lawyer and go to the court... the divorce will be final no matter you show up in court or not.

Thanks. Happy New Year.