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What is the burden of proof of good faith marriage / bona fide marriage after divorce

Los Angeles, CA |

I got my 10 years green card through marriage one year ago. when we did the interview we were married for more than 2 years. my wife and I having a lot of problem and I'm sure that we will not stay in this marriage. we don't have kids yet. we are thinking to start marriage counseling next week.

my questions if we got divorce, what will happen to my green card and my citizenship? the mother in law is so mean and she will report me to USCIS as "marriage fraud", we have been married for 3+ years now. also i will be starting my PhD this Fall, if anything will happen to my green card will it affect my chance to finish my degree or not?

Thanks

Attorney Answers 3

Posted

Nothing really should happen to your green card. USCIS receives such "marriage fraud" denunciations by daily by the dozens by disgruntled family members. The overwhelming majority of such denunciations end up in the wastebasket. They never pursue hardly any of these cases. I wouldn't worry in anticipation.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

You need to speak with an immigration attorney. As for the divorce, he will not succeed in trying to annul the marriage based on "fraud" under the facts you describe. I hope this info help. Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Posted

It sounds like you have a bona fide marriage. You usually need to show documents with both of your names on it, i.e. joint lease, joint bank accounts, jointly filing taxes. It is best to consult an attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

what document do i need show bona fide marriage?

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