Legal Question in Immigration Law in Maryland

immagration

my husben and have been married for a month and now he says because i do not want to get his visa/green card for him that he wants to get a divorce so he basically married me to get that so what i want to know is do i have any legal standing concerning this? and what can i do?


Asked on 10/24/08, 11:45 am

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: immagration

What is the reason you do not want to petition for him? Were you testing him to see if he would stay married with you without trying to get legalized? If you are the only way he could get his green card, didn't you figure this out before you married him? The only legal standing you have is to either not file an I-130 petition on his behalf; or, if you have already filed, simply send a letter to the USCIS and advise that you have no intention of remaining married to him. good luck.

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Answered on 10/24/08, 10:27 pm
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: immagration

It's hard to answer the question because it's not clear what you want to do. If you believe your husband married you solely for the purpose of obtaining immigration benefits (getting a green card), that would be a crime. A "sham marriage" can result in fines, jail time and permanent bar on receiving any immigration benefits in the future.

It's possible that your husband did enter into the marriage for legitimate reasons and not just for immigration benefits and now simply feels betrayed. If your husband really wants a divorce he'll likely be able to get it eventually but it doesn't necessarily mean he'll get it soon. On the other hand, if you yourself want out of the marriage you may be able to get it annulled.

To answer any more would require a lot more facts.

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Answered on 10/24/08, 12:18 pm


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