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?
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.
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.
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