Legal Question in Immigration Law in Texas

Immigration

I married an illegal alien, I thought he loved me. Later tells me that he is in love w/someone else after our 1st yr of marriage. We agreed to separate, but stay married so he wouldn't get deported. Recently we had our interview and it did not go so well. The interviewer was rude &hostile towards me. Now I fear that this may initiate an investigation. I didn't accept money to get married or agree to defraud the government. We simply got married lived together for a year and things didn’t work out between us so we separated. Although we are separated we still remain under the same roof, however one of us are usually gone so avoid the conflict. With the possibility of an investigation and our current separation status, I am torn as to continuing the marriage under these circumstances or filing for a divorce. I don’t want to appear that the only reason I am leaving is because of that. Would filing for a divorce only further trigger their suspicious? Is it likely that regardless, I will have to endure the intensive investigation procedures? If I am going to leave, I think now would be the time, but don’t want to get into trouble. What can I do about this? Will he be deported?Can I get in trouble for this? Help me


Asked on 9/10/07, 6:47 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Immigration

Get a lawyer that understands immigration law and family law. If you lied to USCIS, then you have compounded the problem. It is your burden to establish that the marriage is legitimate. He needs that marriage to last a minimum of two years (possibly longer, depending upon when you filed). A divorce, if handled correctly, could result after the approval of the I130, and before the removal of conditions. It cannot occur prior to the approval of the I130 and simultaneous I485. Get a lawyer.

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Answered on 9/11/07, 8:12 am


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