Is There A Loophole For Getting Divorced From an Illegal Alien

[electricshock]

I'm in Texas.

I have come to many realizations recently about my apparent sham marriage!!
My husband had 2 affairs that I know of and we have 3 kids together.
I was happily married blindly, but apparently it was all a joke!

My situation:
He is and has always been illegal here. He hasn't paid child support in almost 4months (I didn't charge him bk child support so he wouldn't be behind from the get go - only to be let down yet again.)
The attorney gen. office told me as long as he paid they would not deport him. He knows this as well, so I think he is seeking removal, or he really is that stupid! I know he loves our kids, so I am not trying to have him deported, regardless of what happened I want him to be a good dad. Looks like that will not be an option much longer.

I want a divorce. I was wondering if there is some sort of loop hole?? Was our marriage valid to begin with?? Since we never applied for a fiance visa and so on (I was only 18 so I didn't know about all the paperwork I had to file at that point.) I know we have been married for the last 6 yrs but he was not even supposed to be here.

He was able to temporarily obtain a green card at one point by filing for a lost card, but the truth was it was taken from him at the US Canadian border and he had to give up his Canadian residency. He is from South Africa, but legally migrated with his parents to Canada.

The immigration officer that took his green card away said that he doesn't even exist here as far as they are concerned, and that he had 90 days to obtain proper documentation. That was 4yrs ago!! and he still hasn't done it.

If he does not exist here (even though we were able to obtain a marriage license very easily) does that mean that we were never married to begin with regardless of our marriage license. They told him he might get a new ss card and everything if he had filed his papers. Which his mom gave him the money for once, and my dad $1000 which was a few hundred over what we needed - neither which was used for immigration!

This reminds me of those people who have multiple marriages in different states! The others are not valid even though they obtained a marriage license somehow.

I am calling UCIS first thing tomorrow to find out, and if no loop hole I am filing my request for divorce tomorrow and waiting the 90 days plus whatever else I have to wait if he is deported. But I was just wondering if anyone knew for sure.

Maybe there is a loop hole, and just a simple form or forms I can file that release me from him in all accounts/ties (bad credit, etc). Obviously we will have kids together still, so I don't need someone to state the obvious.

My boyfriend just joined the Army and told me to get my divorce settled because he plans on marrying me as soon as that goes through
-Frustrated

[mmadsen55]

The responder to the other post was right, Immigration and Marriage are two very different institutions. If you call USCIS to ask if you marriage is valid, you will not get anywhere...that is not their concern.

Your basic question is if you marriage is legal? What documents did he present to show proof of identity when you received the marriage license? IF, and only IF any of those documents were false, then you have a case for Fraud on his part. On your part as well if you knew they were false. If his documents he presented were legitimate, then you are legally married.

Since you dont necessarily want him deported, then you should just forget about any immigration issues and just get the divorce and move on.