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Charlotte, NC |

can I file for divorce before an year of marriage? I have married with usa citizen and we are staying separetly since we got married. I hae file for green card yet. Now, she is black mailing me and saying that she will tell to immigration that I marry wid her for green card. what should I do?

Attorney Answers 7


Divorce is a private matter. it is for you to decide. You can seek divorce at any time in the marriage.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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As for the question of whether you can file for divorce before being married for a year, the answer will almost certainly be yes. It will depend on your state's domestic and family laws. If you are married to a US citizen but are not living together, it will be incredibly difficult (or perhaps impossible) for you to get a green card through your marriage to her. Both spouses must participate in the immigration interview process, and the officer will ask intimate and detailed personal questions of both of you in order to determine whether your marriage was fraudulent for immigration purposes. Do not give her any money. What she is doing is illegal. Consult with an immigration attorney AND a divorce attorney immediately (ideally, have them work together on this issue) to protect your legal rights. Best of luck.

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You can get a divorce, but you should figure out a way to resolve your immigration status.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Cannot file a complaint for a divorce in North Carolina until you have been separated for a year.

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yes you may file for divorce but if you have immigration concerns you should meet with an immigration attorney before taking any action.


Robert Brown LLC
2530 Meridian Parkway, Suite 3050
Durham, NC 27713

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Ms. Lentz offers good advice to work with a family law attorney and an immigration attorney. Regarding whether you can file for divorce, in North Carolina you and your spouse must live separate and apart for one year with no intentions of resuming the marriage during that year, and you or your spouse must have at least 6 months of residency in North Carolina.

This response to your question is general in nature, and is not intended (and is not authorized to be received) as reliable legal advice upon which any action or decision can be based. Other facts and considerations not known may substantially affect the answer as it applies to your particular circumstances. If you have any questions regarding my response please contact Barrett Morris of the Piemonte Law Firm at 704.399.8890.

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In North Carolina, you have to be separated for one year to file for divorce. Consult with an attorney regarding your immigration status.

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