we got married last year august and have been living together peacefully until her mother began to interfere in our love life thus leading to our breakup and me moving out of her house to live in another city. after 5 month now i recieved a court summon in request of my ex wife filling for divorce and annulment with the excuse that she suspect foul play in me wanting to use her to obtain green card because she is a us citizen and i am on a student visa, she is claiming the marriage is based on false pretence. i love her so much and that was never my intent.now that she intends to carry on with the divorce, i am also ready to divorce her and continue with my life, pls i need legal advice on what to do and how to reply the court summon and proceed with the divorce.
Divorce / Separation Lawyer
You are correct in that you need legal advice. You will not get that here. You need to retain an attorney who is familiar with both family law an immigration law.
A divorce granted within 2 years of the marriage draws scrutiny from immigration unless you can show it was granted as a result of her doing something adverse; such as adultery, mental cruelty, physical cruelty, et al. That generally requires a counter-petition.
So you need an attorney. Contact one in the county where the divorce has been filed for specific guidance.
This is a complex area and a divorce withiin 2 years of getting your greencard, especially if your wife alleges that you married only for the card can be a big problem.
It is always wise to consult with an immigration attorney before taking any action with the US Citizenship and Immigration Service or Department of State Consular Post.
If you are low income and feel that you can not afford an attorney, try contacting one of the organizations on this list: http://www.justice.gov/eoir/probono/states.htm
Franco Capriotti - Senior Legal Counsel - Capriotti International Law
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Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney. NOTE: They also have referrals to low/no-cost attorneys. LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
There are two related issues here. One issue is the divorce and the second issues which is your immigration status. If you were the victim of abuse and you can show it, you may be entitled to a permanent green card based on VAWA. That being said, if in the divorce, the judge makes a finding of fraud or marriage for the purpose of an immigration benefit, it will potentially hurt your chances of getting the green card approved based on VAWA. You should consult an immigration attorney, ASAP and also not post any other comments or questions related to this case on AVVO since this is a public forum and already you are giving away many specific facts of your case.
Khaja M. Din, Esq.
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