Mohegan Lake, NY asked in Divorce, Family Law and Immigration Law for New York

Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found out when my mother in law was "visiting" and now she's not leaving. I don't want to sue her unless it comes down to it in the divorce. I don't see how this could be legal. We live and were married in NY. My wife got her greencard and citizenship in our marriage and I genuinely feel I was used for this. We have a child thats 11 years old but the marriage has been miserable for a long time. The main reason for fights 99% is her mom. I would like to know my rights here. Thank you!!

2 Lawyer Answers
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Schenectady, NY
  • Licensed in New York

A: Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her mother to reside in the martial residence. The husband asker has not presented any facts to oppose all this, and filing for divorce may also be an ill-advised course of action whether the marriage broke down or not. There are not enough facts presented to opine on that facet of the question.

Perhaps the asker should see an attorney and discuss all the facts in confidence.

David Ivan Bliven
David Ivan Bliven
  • White Plains, NY
  • Licensed in New York

A: If you deem that to be a deal-breaker, then it's certainly a basis to terminate the marriage. I can't say whether she committed "immigration fraud" as that question would need to be posed to an immigration attorney. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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