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How do I go about divorcing an illegal alien, when we have already started immigration paperwork?

Burlington, MA |

I got married in January of this year. We had been together for a year and things were great! but then once the ring was there and the papers were signed I turned into a piece of property He was attentive and loving until I picked up and moved my life to be where he wanted in NY where we filed immigration papers. That didnt last long. i went back and forth between NY and Mass for about 2 months before I finally decided to just move home. Now I feel stuck. We barely speak. we havent officially split up but other women answer his phone when I call, when I went to NY a couple weeks ago to get some more of my things I found him there with another woman and he had not a thing to say or any shame about it. We are supposed to have the immigration interview Nov. 8th. what should I do????

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Attorney answers 5


You should not stay married with anyone if you do not feel the marriage works any more for any reason. If you feel that you desire to terminate that marriage, consult a family law attorney and file for a divorce. I assure you that any reasonable person will tell you the same, which is there is no reason to stay in a marriage where you "feel stuck" as you put it and found the spouse with another woman.
You may seek a divorce regardless of the status of your spouse, the family law attorney will further advise you how and what to do next to regain your peace of mind.

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Immigration status is not relevant in obtaining a divorce.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



What about me having to attend immigration meetings and such?


I am sorry to hear about your situation.

The good news is that you do not need to stay married any longer than you want to. You probably have the right to file for divorce here in Massachusetts, and it is quite likely that your divorce will be relatively simple based on the length of the marriage and the extent to which your finances and property are intertwined.

Your spouse's immigration status is not relevant to the divorce. In terms of the immigration component, you may want to speak to an immigration attorney, but I can't imagine that you are required to cooperate in his immigration process if you do not wish.

Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at

Lisa Michelle Anderson

Lisa Michelle Anderson


As an immigraton attorney I can advise that you do not need to continue the sponsorship. You are free to cancel your sponsorship at any time, whether you are divorced or not. If you do not attend the interview or withdraw sponsorship in any way, he will likely be denied quite quickly and possibly placed in removal proceedings. On the other hand, if he is granted a greencard before you are divorced, you will be obligated under the I-864 Affidavit of Support even if you later divorce.


You do not have to attend any immigration meeting with your spouse. Let him figure out how to explain why he married you. Honesty is better than "cooperating" for immigration same and being party to marriage fraud.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


If you lived in Massachusetts for the past year you may file for divorce here. If you do not show up to the immigration interview his case will be denied. I would suggest you seek an attorney to withdraw your support via correspondence to the USCIS.