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Grannynanny · Sep 26, 2009, 08:27 PM

My son married a young lady from China. It is clear that she only married him for green card purposes. He would like to divorce her. Recently she told him she expected to be pregnant within the next 4 weeks. She only has sex when she thinks she will conceive. He refuses to continue marital relations and wishes to send her back to China. He told me that he was made to sign an agreement to pay her 4 times the poverty rate if things did not work out. Their marriage took place in Pennsylvania. If she goes back to China, will he still have to pay her? Does he have to split his assets if he owned everything before he knew her?

Clough · Sep 26, 2009, 11:43 PM

Greetings and WELCOME to the site, Grannynanny!

I moved your question out of Introductions to this forum topic area so that it will be more likely to be noticed and addressed by those who are best able to answer it. Your question will get noticed much more here.

Introductions is for people to introduce themselves only, and we try to not ask questions there. We would appreciate it if you would return to Introductions sometime to tell us a little bit about yourself, if you would be willing to do that.

Thanks!

cdad · Sep 27, 2009, 03:37 AM

Originally Posted by Grannynanny

My son married a young lady from China. It is clear that she only married him for green card purposes. He would like to divorce her. Recently she told him she expected to be pregnant within the next 4 weeks. She only has sex when she thinks she will conceive. He refuses to continue marital relations and wishes to send her back to China. He told me that he was made to sign an agreement to pay her 4 times the poverty rate if things did not work out. Their marriage took place in Pennsylvania. If she goes back to China, will he still have to pay her? Does he have to split his assets if he owned everything before he knew her?

If your saying there was some sort of prenup that was made before the marriage. It may be valid depending on what grounds it was created under. How long have they been married ?

Fr_Chuck · Sep 27, 2009, 05:01 AM

First, no he was not "made" to only have sex at certain times and was not "made" to sign any sort of agreements, he choose to do so of his own free will.

Next he does not "send her back" he may file for divorce and he can move out or ask the court to have her move out of the house.

He may stop having sex with her at any time.. And she may want to get pregnant within the next 4 weeks but that does not mean it will happen either.

Alimony for a certain amount of time is not unheard of, and if this contract or prenup was done property, it may be binding but will have to be approved by the divorce court.

Grannynanny · Sep 28, 2009, 09:04 PM

Originally Posted by califdadof3

If your saying there was some sort of prenup that was made before the marriage. It may be valid depending on what grounds it was created under. How long have they been married ?

Her documentation is conditional. She has to meet her educational requirements within the next 2 years. They will be married one year this October. If she conceives a child within the next 4 weeks that puts her within 2-3 months of her expiration date. She does not fulfill her educational requirements without my son's help. She plagiarizes and when her research is rejected he helps her so that she can remain in the program. This week, he said he will no longer help her. If her educational requirement is not met and she has to return to China, will my son be able to divorce her? If so, does he still have to pay her if she goes back to China?

I agree that he chose to do so of his own free will. But it now it has become apparent that she used him for green card purposes and wants to remain in the US. What can be done if he can prove that he was willfully misled?

JudyKayTee · Sep 29, 2009, 05:46 AM

Why are you so involved in your son's life (including the part where she "makes" him have sex with her)? Why isn't he posting these questions?

cdad · Sep 29, 2009, 04:23 PM

If the prenup is valid then he may still have to pay her even if she goes back. He can still divorce but it may take a lot longer if she leaves the country but its not impossible.

Grannynanny · Oct 1, 2009, 08:47 PM

Originally Posted by califdadof3

If the prenup is valid then he may still have to pay her even if she goes back. He can still divorce but it may take alot longer if she leaves the country but its not impossible.

Thank you for answering the question. I was curious about the financial agreement and how it would be enforced if she is in China and he is in the US.

JudyKayTee · Oct 1, 2009, 08:50 PM

It's contract law and she could be represented by a US Attorney without actually having to appear in person.

And, again, why are you posting this and not your son? I don't understand your involvement, particularly the comment about the couple only having sex when she is trying to conceive. Why is he having sex with her at all?

Grannynanny · Oct 1, 2009, 08:55 PM

Originally Posted by JudyKayTee

Why are you so involved in your son's life (including the part where she "makes" him have sex with her)? Why isn't he posting these questions?

I am not involved with my sons life unless he asks me to be involved. I did not state that she makes him have sex with her. The question was "if she goes back to China, does he still have to pay her and, if so, how would it be enforced."

JudyKayTee · Oct 1, 2009, 08:57 PM

Originally Posted by Grannynanny

I am not involved with my sons life unless he asks me to be involved. I did not state that she makes him have sex with her. The question was "if she goes back to China, does he still have to pay her and, if so, how would it be enforced."

"Recently she told him she expected to be pregnant within the next 4 weeks. She only has sex when she thinks she will conceive."

But, yes, it's a contract and it can be enforced.

Grannynanny · Oct 1, 2009, 09:02 PM

Originally Posted by JudyKayTee

It's contract law and she could be represented by a US Attorney without actually having to appear in person.

And, again, why are you posting this and not your son? I don't understand your involvement, particularly the comment about the couple only having sex when she is trying to conceive. Why is he having sex with her at all?

Thank you for your interest. Califdadof3 answered.

JudyKayTee · Oct 1, 2009, 09:04 PM

Originally Posted by Grannynanny

Thank you for your interest. califdadof3 answered.

Please don't attempt to control who does and does not answer you - califdad3 always gives excellent advice but I am also entitled to post, as is everyone else - whether you like or use the advice.