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Consequences for alien who has been married for less than 2 years and gets divorce, immigration process

my boyfriend is from south america. he and his wife were in love in high school and got married. thus allowing him to to become a legal citizen. well his wife decided she didnt love him anymore and decided to have an affair leave him for another man. my boyfriend and her have been married for a little over a 2years now but have been seperated for almost a year.we met aout 3 month ago and became madly and passionately in love and he wants to stay in the country for me. how would we go about making him legal and single? can he get a divorce from her and still remain in the states?

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Attorney answers (1)

Reputation Level 15
You need to contact an immigration lawyer. If your boyfriend has been married for less than two years, than upon divorce he may indeed have a propblem with the Homeland Security, especially if she tells the Service that the marriage was done soley for immigration purposes. He should not get a divorce until he gets competent legal advice from an immmigraiton attorney who has time to sit down with him, look over his paperwork and advise him as to the potential outcome of any future action
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