Legal Question in Immigration Law in Virginia

Immigration/Divorce

I am a Mexican man living in the US married to an American woman however I wish to obtain a divorce and my wife and I are no longer together but she threatens me with getting deported whenever I mention the divorce..I have filed my papers to become in legal status here in the US and she also says the divorce will prevent me from going further with my legal status, is there any truth to this?? Can I divorce this woman and still continue with my immigration papers or do I have to remain married until I complete the immigration process???


Asked on 8/14/08, 1:01 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Immigration/Divorce

It would be better to wait until you have your lawful permanent residency status (green card) before divorcing your U.S. citizen wife, but if there are persuasive reasons not to wait, and you can persuade the USCIS that they are credible and legitimate, and that your marriage was not fraudulently entered into, you should be able to

get your green card anyway, in spite of your divorce.

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Answered on 8/14/08, 7:52 pm


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