Legal Question in Immigration Law in California

Divorcing before permanent papers (so many questions)

I, 34, I recently got married in CA to a man from an F-1 OPT status. We did file, but I have not heard anything from the INS yet. We suddenly have disagreements even though no physical fight has happened yet. Friends say that I cannot get a divorce until A/ the INS interview that is supposed to come 5-6 months after the wedding B/until I get my permanent GC, & that it can take 2 y-s, or I will get deported.

I think that as long as the marriage was entered in a good faith I am good. Any specific proofs? We have the apartment together, + all utility bills, mutual bank accounts, pictures & friends. Nobody from the INS has checked on us yet. Would that be a stronger proof that we both were in the apartment when they came & inspected us?

Some say that INS no longer visit married couples, only rarely & randomly. If they come now, we are good, but what if I have to move out (after filing for divorce) & they might come?

What would happen to me in general if I filed for a divorce in the first year of our marriage? Any difference if it is before or after that particular interview? I feel quite secure in my job, is it any better?

Thank you.


Asked on 12/09/02, 12:26 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Divorcing before permanent papers (so many questions)

Try to stay together as lon as you can. Obviously...it is better if you stay together...i do not know of anyone who got checked by INS

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Answered on 12/09/02, 4:07 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Divorcing before permanent papers (so many questions)

If your husband filed papers for you only 5-6 months ago, you're not going to hear anything from the INS except a fingerprint appointment, and in the LA area, an interview notice 9 to 12 months after the papers were filed. The INS doesn't do any investigation whatsoever before the interview. If you guys act suspiciously at the interview and/or answer the questions unsatisfactorily, then there may be an investigation but this is still relatively rare.

Besides, all cases such as yours are being put on hold right now because of the Dept. of Homeland Security. You will get deported if you get divorced unless you have police proof that your husband abused and battered you or something like that.

Liem Doan, Esq.

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Answered on 12/09/02, 10:32 pm


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