Results 1 to 4 of 4
  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Post Divorce from an Illegal Alien

    My question involves a marriage in the state of Texas. I have been married nearly two years to an illegal alien. What I understand to be the case is that once the paper work has been filed, it could take up to 2.5 years before my wife receives her status. We have to have a final interview next year in which the case manager will review her situation and provide approval. My question is, will the Immigration officials be alerted to my application for divorce although I am committed to remaining married until she obtains her status?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Divorce from an Illegal Alien

    You need to see if you can withdraw the application NOW - before it's adjudicated (decided).

    Otherwise you can be held responsible her to the tune of 125% worth of the poverty limit - potentially for life.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce from an Illegal Alien

    Even if you continue to live together while the divorce is pending, I find it exceptionally unlikely that you and your spouse are not going to be asked about the status of your marriage during the interview. Getting divorced does not of itself mean that your spouse cannot remove the conditions from her Green Card, but she should discuss the details of her situation and your divorce plan with an immigration lawyer.
    Quote Quoting Remove Conditions on Permanent Residence Based on Marriage - Eligibility Criteria
    Generally, you may apply to remove your conditions on permanent residence if:

    • You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)
    • You are a child and cannot be included in the application of your parents for a valid reason
    • You are a widow or widower of a marriage that was entered into in good faith
    • You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
    • You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
    • The termination of your conditional resident status would cause extreme hardship to you

    Note: Refer to Form I-751 for more specific eligibility requirements


  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce from an Illegal Alien

    A marriage, in name only, does not constitute grounds for her to receive citizenship. It must be a bona-fide marriage.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Can an Illegal Alien File for Divorce
    By WongChung in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 06-18-2012, 09:23 PM
  2. Divorce: How to Divorce an Illegal Alien
    By Florrita Palacios in forum Divorce, Annulment and Separation
    Replies: 7
    Last Post: 02-03-2012, 04:41 PM
  3. Divorce: Illegal Alien Divorce
    By sbilly in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 12-20-2008, 04:07 PM
  4. Marriage: Illegal Alien, Divorce, and Custody
    By itsybitsy in forum Visas for Business, Tourism and Family
    Replies: 4
    Last Post: 02-28-2007, 12:01 PM
  5. Divorce: How do I divorce an illegal alien in another state?
    By bucsfanFL7 in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 08-14-2006, 09:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources