can my wife claim the asset that I give away 2 year ago as gift if I file for divorce ?

Question

I want to know that 2 years ago, I know that my relationship with my wife is going to end up in a divorce court room because she married me for green card and claim for my asset because I have my own business. she black mail me to help her to apply for her green card otherwise she will come after my asset. We have been separated since, I never help her to get her green card but I didn't report her to INS either.
At that time I have transfer most of my asset to my girlfriend's name since me and my girl have a daughter together, now 2 years later if I file for divorce can she still claim for the asset that I gave to my girlfriend as a gift?

I have found out that if I report her and if she loose her legal status. she can still stay here illegally. I called INS and there is no department that I can call to deport her unless she did something illegally I can report her with ICE.GOV

Answer 1

If you gave it away, and she can somehow legally win against you? They will just go for the value, not the asset. However, this a green card runner, I'd say she did it as a shut up threat, report her and deport her. The more threatening she gets, the more she shows how afraid she is that you are going to be successful of deporting her.

Answer 2

Nope. The assets were transferred before divorce proceedings began and are not marital property.

Seriously, you don't have a whole lot to worry about with this divorce. i doubt she will be willing to go to court since she is illegally in the country.

Personally, I would file, make sure she is served and then notify the INS. That way, you can still have the divorce and be free and she will never be able to do something like this again. There's no reason that she shouldn't have to wait in line for entry into this country like many other people are.

Answer 3

You married her so she could get her green card and then you sepearated. You better hope the judge doesn't turn your case over to immigration because YOU can be in as much trouble as your wife. YOU defrauded the Government by marrying her and then seperating, and that is punishable by a prison term. YES as your wife she can claim 1/2 of ALL the marital assets whether you like it or not because she is LEGALLY married to you. Don't give me the "blackmail" crap, you made the CHOICE to marry this woman and ignore the laws regarding immigration now it is payback time for breaking those laws.

Answer 4

If she married you to get her legally then she created a crime, she intentionally used you to get a card, whatever the color at the time, to get here. Have your attorney or go yourself and report this to the proper Government bureau, see what they tell you. Let her know your in the process of doing this to get her tossed out of this Country.
Maybe she'll cool her heels some.
Whatever you had years ago isn't part of any divorce proceedings. In fact what you made before she met you don't belong to her, only what you have made together. Wake her up on that one.

Answer 5

Uh yeah..... if her attorney shows that you are giving everything away to keep her from getting 1/2, then yeah you are going to have a problem.

I don't believe your story though, sorry. You have your own business and you married someone that you knew was just marrying you for her green card? Hmmm... wonder what information she had to black mail you with??

I think you loved her and wanted to marry her at one time. Now you don't want her to get half... and I think that's exactly what a court is gonna think. That whole "poor me, I was blackmailed and she never loved me" thing probably isn't going to work for ya.

Answer 6

You can't go messing with and hiding marital assets. Depending what it was and you went about disposing of this asset, it could go either way. But, since I'm a betting man, I bet you will still have to giver her her share.

Answer 7

You need a real good Atty.

Answer 8

gifts are just that gifts....its been given away