Legal Question in Immigration Law in Illinois

Marriage to an immigrant

My cousin is married to a girl from Poland. She did not have a green card or anything before they got married, it was only after that that she was able to live here. My cousin and her have been married for almost 2 years now, but he wants a divorce. She is staying with a friend of hers and not even living with him now. He doesn't know if he should divorce her right away because she told him that they would deport her after the divorce because they haven't been married long enough for her to be able to stay in this country. She does work and go to school here. Is this true that she will be deported? Also, she's telling him all this stuff that he isn't sure is true, for example she said that they need to go to see someone from the immigration office to go for some kind of interview before their two year anniversary. And she's telling him that they need to take pictures of the two of them together for that interview. Is that true as well? Do you know of any place that I could find out all of the stuff that is required for him to do? Also will he need an attorney for this divorce? He doesn't want to be married to her or even to see her again, but he doesn't want her to get deported either.


Asked on 1/13/05, 2:04 pm

1 Answer from Attorneys
Brian Sather Sather Immigration Law

Re: Marriage to an immigrant

While one can't be sure without knowing more about the case, it sounds as though she is telling the truth. When a foreign national becomes a permanent resident based on a marriage that is less than two years old, her status is conditional, and automatically terminates after the two-year anniversary of the grant of permanent residence unless a petition is filed. (Often the government requires another interview before it will adjudicate this petition; photographs and other evidence usually accompany the petition, but this all depends on the details of the case.) Usually the petition is filed jointly by the couple; in certain circumstances, however, the foreign national can successfully file this petition without his or her spouse. Again, I can't be sure without knowing more, but your cousin probably can have a big impact on whether or not she retains permanent resident status or is put in deportation proceedings. He can contact me for a consultation if he wants detailed, reliable advice.

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Answered on 1/13/05, 3:08 pm


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