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My Immigrgation Dilemma, On May 2003 I married someone that was on proccedings and almost getting deported to his native country. I was in love so married him, We started the process the same day, and now it has been almost three (3) year of interviews, but now things didnt work out and i moved to a different state and I want desperatly to get a divorce. He does not want to grant it to me, is there any way for me to get out of this without getting flag meaning since he just got his greencard and now he wont divorce just because he does not want any conflict any advice about this matter will be helpful , because i dont know what to do i m confused .
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My Immigrgation Dilemma, On May 2003 I married someone that was on proccedings and almost getting deported to his native country. I was in love so married him, We started the process the same day, and now it has been almost three (3) year of interviews, but now things didnt work out and i moved to a different state and I want desperatly to get a divorce. He does not want to grant it to me, is there any way for me to get out of this without getting flag meaning since he just got his greencard and now he wont divorce just because he does not want any conflict any advice about this matter will be helpful , because i dont know what to do i m confused . -
Check with the state laws for yours and his state of residence.Comment
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I got married in New York, but curretly live in Massachusetts for more than a year seprated from him. Will I get in trouble? Will I get my citizenship taken away?Comment
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In my opinion, you should take this slow and in a careful manner. Since you got married to an alien in proceedings, a strong showing of bona fide intent was required and mandatory in order for him to get permanent residency.
While in theory a separation after the fact does not preclude the finding of bona fide intent, it could well be interpreted by CIS to be fraud or misrepresentation. Marriage fraud carries a long possible sentence and would be, at the very least, found to be a CIMT.
However, since you are already a citizen, this could affect your current status *If* the fraud occurred prior to your naturalization; in that case, the Government could argue that you procured your naturalization by concealment of a material fact or by misrepresentation.
This is not legal advice, if you need help you should contact an attorney.Comment
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I have been a citizen since i was 17 and i am currently 23, I wanted to get divorce because i made my life in a different path. I have been dating and i hope that does not influence my divorce action.Comment
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Jonnas,
You got marreid to this guy because you were in love and it didn't work out. Why are you worried? You will be ok. Just find out what are the requirements you need to meet in order to be able to file for a divorce in the state you where u r currently residing. You will be ok, stop worrying.Comment
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She not only want's a divorce BUT she also wants to stop him from getting his greencard. Happens all the time: People in love fall for the illegal alien shister; find out the illegal alien lied to them about their true intentions or feelings; USC tries to stop the GC process.
Thing is USCIS does not exist for the purpose of jilted lovers to get back at their poor spousal choices.Comment
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If you want to establish fraud with no consequences to you, you'll have to prove that you did not know about, and had no reason to believe or suspect the true intentions of your spouse. And since this would be a criminal case, you would have to do so beyond the reasonable doubt to meet the Court's standards.
If you fail to prove your case, but fraud is established in any way, conspiracy laws take over and I don't need to tell you what could happen next.
Consult an attorney before you take any important action, this is not legal advice.Comment
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MY INTENTIONS ARE NOT SO CAUSE HIM OR MYSELF ANY TROUBLE BUT I JUST WANT OUT. HE ALREADY GOT WHAT HE WANTED ONLY THAT NOW I JUST WANT OUT BECAUSE HE TOTALLY CHANGE WITH ME. i WISH TO MOVE ON SINCE I WAS TAKEN ADVANTAGE OF MY HEART. I AM TOTALLY SURPRISED ABOUT HOW MANY PEOPLE ACTUALLY DO THIS, THERE IS NO SHAME.Comment
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You can get out, it's your choice. CIS has the right to launch an investigation, that's their choice.Comment
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HI SAMMY THANK YOU A LOT FOR YOUR ADVICE, YOU ARE A GIFTED MAN :-) MY EMAIL IS lady_anahi19@msn.comComment
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Concealment of a material fact during naturalization process is also grounds for denaturalization.
"It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court specified in subsection (a) of section 310 of this title... for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation..."(Chaunt v. United States).Comment
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So what is considered "material" ?Prior illegal status? Illegal employment? Is it up to each officer to decide?
They deported a guy in Cleveland because he failed to disclose his membership in the Nazi party (wonder if they would deport the pope for the same thing?)Comment
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