I would like to hire an immigration attorney. My wife has overstayed her visa for 18 years. She married a man when she was young, but he said she was bad and he stopped helping her get her GC. Then she married a man who was gay, trying to get her GC, she divorced him when she found out that there was a glitch in his status and it would take 3 years or longer to get her GC, She was very convincing that she loved me and I married her. She pressured me for money throughout the marriage and also repeatedly to keep continuing the process for her GC. I started researching and found out that its illegal to marry under false pretense for GC. We have 2 children together, she is threatening to never let me see the children ever. What will happen to our 2 children? I am a full US born Citizen
Nothing will happen to your children! Your case should be in front of a family court judge. You can ask for custody. The court will surely support you. You can also insist on not sponsoring her.
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
What are you trying to accomplish? Would you like to see her deported? Jailed? It is illegal to marry solely for immigration benefits. It is unlikely that immigration or anyone else will deem a marriage to be fraudulent when 2 children came of it. You can report the situation to USCIS though. It sounds like you need a family lawyer to defend your interests as to the custody of the children. Good Luck.
If you are concerned about child custody then you should contact a Family Law Attorney.
Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
Criminal Defense Attorney
You should post your question under family law.
I practiced family law for years I ask you to step back and take an honest look at your own actions and motivation. It is an adversarial system, and the decider of fact, THE JUDGE, looks at both sides of the arguments and evidence. I'm sure your wife has a different account of events.
You should separate your anger and bitterness, and try to reach a compromise for the sake of your children. Maybe you should seek relationship/marital counseling before seeking legal counsel.
Divorce / Separation Lawyer
I suggest that you have both an attorney for Immigration and Family Law, practice in both areas. We would need to discuss your expectations and goals regarding how what you do forward will affect you, your children and your Wife. I suggest that you carefully weigh your own interests. You have been married for 18 years and have two children, therefore the burden of proving that the marriage is fraudulent may prove difficult.I suggest filing motions with the family law court to protect the children during the process. Contact me for an in office consultation about this matter at firstname.lastname@example.org or 954-467-3307.
You don't need an immigration attorney, you need a family law attorney
who can assist you in determining whether divorce is in your best
interest and if so, addressing child support and custody issues.
You would definitely need a family law attorney. If you would like to speak to one, feel free to contact me, and I can put you in touch with some excellent family law attorneys. As far as the immigration issues go, it may be difficult to prove any fraudulent marriage if you have two children together; however, any evidence of the prior fraudulent marraige may make things more difficult for her trying to get any type of immigration benefits at this time. So there may be some things that you can discuss with her that may make her more willing to discuss an amicable resolution with you and the children.