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How to Divorce an Illegal Immigrant

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  • 09-14-2017, 09:38 AM
    Heidiroberts
    How to Divorce an Illegal Immigrant
    My husband & I married 6 months ago. Things are not working out & I want to get a divorce the only thing holding me back is that he is an illegal immigrant & I am a citizen. I have signed papers for him to get a green card. What I am wondering is if something will happen to me if when we get a divorce? Are we breaking any immigration laws?
  • 09-14-2017, 10:19 AM
    Mr. Knowitall
    Re: How to Divorce an Illegal Immigrant
    I can't see the papers you signed -- should we guess that your spouse overstayed his visa and that you have petitioned to adjust his status based on marriage? If you have filed such a petition, rest assured, the government is already aware of your relationship with your spouse and the fact that he overstayed his visa.

    You file a divorce case, just like any other divorce case.
  • 09-14-2017, 10:26 AM
    Heidiroberts
    Re: How to Divorce an Illegal Immigrant
    Quote:

    Quoting Mr. Knowitall
    View Post
    I can't see the papers you signed -- should we guess that your spouse overstayed his visa and that you have petitioned to adjust his status based on marriage? If you have filed such a petition, rest assured, the government is already aware of your relationship with your spouse and the fact that he overstayed his visa.

    You file a divorce case, just like any other divorce case.

    You guessed right. He over stayed his visa. We got married & signed a petition for him to get his resident card. My question is if we will raise any red flags since our marriage was so short or if I will have any legal issues when we get divorced?
  • 09-14-2017, 11:20 AM
    Dogmatique
    Re: How to Divorce an Illegal Immigrant
    Quote:

    Quoting Heidiroberts
    View Post
    You guessed right. He over stayed his visa. We got married & signed a petition for him to get his resident card. My question is if we will raise any red flags since our marriage was so short or if I will have any legal issues when we get divorced?

    As long as you entered into the marriage "in good faith", you'll be fine.

    (By that, I mean "as long as you didn't get married solely to legalize his current status").

    I do have to ask though, did you sponsor him using the I-864 Affidavit of Support?
  • 09-14-2017, 12:06 PM
    Heidiroberts
    Re: How to Divorce an Illegal Immigrant
    Quote:

    Quoting Dogmatique
    View Post
    As long as you entered into the marriage "in good faith", you'll be fine.

    (By that, I mean "as long as you didn't get married solely to legalize his current status").

    I do have to ask though, did you sponsor him using the I-864 Affidavit of Support?

    I am not sure if that was the form we signed. What would it change if that was the form signed?
  • 09-14-2017, 01:06 PM
    Mr. Knowitall
    Re: How to Divorce an Illegal Immigrant
    Quote:

    Quoting Heidiroberts
    View Post
    I am not sure if that was the form we signed. What would it change if that was the form signed?

    Somebody will have signed an affidavit of support in association with the petition for permanent residency. If that was you, and your husband ends up receiving public assistance, you can be required to reimburse the government for the cost of that assistance.

    You know better than anybody here what your husband is apt to do if you file for divorce -- if he's going to try to stay in the U.S., or return to his nation of origin. If he has EAD, then perhaps he will try to remain in the U.S. by arguing that he married you in good faith; but that's something he should be discussing with his own immigration lawyer. If he does not have EAD and does not leave the U.S., thus having no way to legally earn money while in the U.S., there is a possibility that he'll end up obtaining a government benefit that you'll be asked to repay.
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