What to do if I am married to an illegal immigrant who overstayed their visa and ran off when the marriage was completed?

I filed for divorce but he is making sure it does not go through. Is he legal as long as we are married? We did not go to any meetings and I am not aware of any adjustment of status (would I be?).

Asked on January 15, 2013 under Immigration Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless your soon to be former spouse filed for residency after your marriage to him and received such he is not legally in the United Staed based upon what you have written. I suggest that you contact the nearest immigration department to report him in that he may have defrauded you into marrying him so he could get residency in this country.

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