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Thread: Liability question

  1. #1
    I am a US Citizen who has been married for a little over two years to a foreign born woman. We already had our immigration interview two months ago and she was granted temporary status (happened just before our 2yr anniversary).

    Since this interview, I have decided to initiate divorce proceedings because of irreconcilable differences - she hasn't done anything specifically wrong, such as infidelity, but I don't feel like we can stay together because of our differences.

    My question is do I have any liability if I initiate proceedings this close to our interview? The marriage was in good faith and was never about her obtaining a green card (she actually wanted us both to move back to Spain, not stay here - I refused). I am just concerned that I might be putting myself at legal risk (I know she has no legal risk in the situation - she can either go back home or apply for a waiver for joint filing on the removal of temporary status).

    Anyone know if I should be worried or if I'm just fretting over nothing?

    Thanks!

  2. #2
    I am a US Citizen who has been married for a little over two years to a foreign born woman. We already had our immigration interview two months ago and she was granted temporary status (happened just before our 2yr anniversary).

    Since this interview, I have decided to initiate divorce proceedings because of irreconcilable differences - she hasn't done anything specifically wrong, such as infidelity, but I don't feel like we can stay together because of our differences.

    My question is do I have any liability if I initiate proceedings this close to our interview? The marriage was in good faith and was never about her obtaining a green card (she actually wanted us both to move back to Spain, not stay here - I refused). I am just concerned that I might be putting myself at legal risk (I know she has no legal risk in the situation - she can either go back home or apply for a waiver for joint filing on the removal of temporary status).

    Anyone know if I should be worried or if I'm just fretting over nothing?

    Thanks!

  3. #3
    Legal risk? None according to the information you've provided in your post. Your financial obligation tied to the Affidavit of Support will continue until she's met the requirements if she remains. If she's been and continues to work, liability related to that could potentially continue for another 8 years.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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