How to Divorce an Illegal Immigrant Who Refuses Until Permanent Residency

[rebe0038]

My question involves divorce in the State of: Iowa

The situation is this:
Say if someone (A) legally marries a person (B) who is represented by an agency/organization (C). Person A is told person B's status is pending for citizenship. Person A believes this to be true because agency C told them person B has filed taxes. After person A and person B get married, it becomes apparent to person A that person B in fact does NOT have their citizenship pending and never filed taxes as agency C claimed but in fact was attempting to use the marriage as the way to gain citizenship.

Now, person A is no longer with person B but is in fact engaged to another person (D), with whom they have since had a child. Person A wants a divorce from person B but B is refusing to initiate paperwork or sign anything until the marriage has been 2 full years (July 2009), at which time B believes their citizenship will be permanent. Person B is threatening person A, stating B will tell authorities A agreed to marry B on the premise B only wanted citizenship, not the actual committed relationship of marriage. A is fearful of facing persecution regarding this false claim. A actually married B because B promised to take care of A and A's child (Aa). Since the marriage in July 2007, B has abandoned A and Aa and refuses any responsibilty once promised them.

A and D are putting off the marriage because it would not be legal. What are step-by-step options A has in order to follow through with a divorce so A can marry D? It would be much appreciated if the terms of filing divorce could be explained in Layman's terms. Persons A and D are not financially able to seek counsel and would also like information on where they would be able to go based on sliding scale/low income guidelines.

[cyjeff]

In most divorce cases, one of the parties is much more willing to proceed than the other.

Talk to an attorney about ways to move this forward.

I strongly urge this so that it doesn't appear to be a fraudulent marriage to gain citizenship... which, of course, this situation is.