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How will divorce affect my immigration status

North Augusta, SC |

married less than 1 year, permanent residency not completed, wife basically abandoned me,I want to work marriage out,

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Attorney answers 3


If you have not yet received permanent resident status, then the divorce will only effect how CIS views future marriages from which you attempt to obtain an immigration benefit. If CIS believes this marriage was fraudulent (and solely for an immigration benefit) then they will more fully investigate future marriages.


If you divorce now, you will most likely not be able to get your residency based on that marriage. So try to document it now -ie don't throw things away - so you can prove it later on.


I am sorry that yor marriage did not work out and that you were not married long enough, you need to make sure that you have proof this was a bonafide marriage so if you marry again you will not be accused of fraud. Be careful and take good care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.