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  1. #1

    Default Does a Divorce Affect Legal Status

    A friend of mine got married about 2 years ago. I don't know the exact details as to how he was here before, but apparently he was here legally when they got married, and apparently he was able to obtain legal citizenship because of the marriage.

    Now, things aren't working out so great for her. This marriage has not worked out at all and she wants to get a divorce.

    I personally want her to get one and could care less about what happens to him, but she doesn't care less. She is worried that her divorce will affect his legal status. I believe he is a legal resident. So my question is, will her divorcing him affect his legal status? Or can she divorce him and have peace of mind that they won't come deporting him once the papers are signed?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Does a Divorce Affect Legal Status

    No, he was NOT able to get citizenship because of the marriage - not in 2 years. He's a legal resident, not a citizen - MASSIVE difference.

    The bigger question is, did she sign and execute the form I-864?

    There's a reason I'm asking.

  3. #3

    Default Re: Does a Divorce Affect Legal Status

    And what is the reason you're asking about the I-864?
    I ask because I am in a similar situation. His visa was running out and he said he didn't want to be separated from me. Immediately after marriage, all he cared about was the immigration status. Once that was taken care of, three weeks after marriage, the physical abuse started, I discovered his girlfriend and for both reasons, kicked him out of the house. He told me if I didn't go through with the immigration interview, they would put me in jail for marriage fraud. When I filed for divorce after 8 months of marriage, I discovered I'm financially responsible for him because of the I-864. Two weeks after the immigration interview, I sent in a letter to withdraw my financial support, but USCIS say they never received it. How do I get out of this?

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Does a Divorce Affect Legal Status

    Please start your own thread, SnowQueen - I'll be able to answer you there

  5. #5

    Default Re: Does a Divorce Affect Legal Status

    Thank you. I did. Please do .... the domestic abuse advocate at the police department considers him an extreme risk .... so it would be safer to let him get away with this .... except for the I-864 ....

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Does a Divorce Affect Legal Status

    That form is honestly almost lethal. There is case law supporting the immigrant even when they haven't had the conditions removed.

    In fact, every single case I've read has been in favor of the immigrant.

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