Legal Question in Immigration Law in Illinois

Spouse pending citizenship won't consent to divorce

I married an illegal immigrant after dating him for a year, and at my request he moved out 6 months later. He's got 2 children here from his 1st marriage and we can't get divorced because I really don't want him to get deported and I'm also afraid that he'd make my life miserable if anything went wrong with his status. We have few documents, no shared accounts, and I don't plan on lying to the INS, but am afraid to confront him as he lets me live a peaceful life. When I brought up divorce, he got angry and threatened a spousal abuse case, saying he'd blame all of his misery from not getting his Green Card on me - does he have any grounds for this? I want to be civil, but I also fear his temper if he doesn't get his papers and I also want to protect myself from fraud. If we don't divorce, but we've been separated for a year and a half, does he stand a chance at citizenship (and do the 2 children help his cause)?


Asked on 5/05/03, 10:54 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Spouse pending citizenship won't consent to divorce

Lets me live a peaceful life? That is your right to have, not his to destroy. You need to firstly not let this man rule the way you live. I strongly suggest you not lie to the INS. There are criminal implications to lying to a governmental agency. Let him deal with his own problems now that you have separated. The INS is now his burden to deal with. Do not let him threaten you with a spousal abuse case - he is using this as emotional blackmail. You can get divorced and you have a right to do so. Cut your ties with this man and do not let him control your actions. Take your life back.

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Answered on 5/13/03, 9:37 am


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