How to get a divorce without jepordizing my wife’s citienship?

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How to get a divorce without jepordizing my wife’s citienship?

My wife is in the states because of a spousal visa. I’ve cheated on her and I want out of the marriage. She wants to stay married so she can get her citizenship but I feel like I would be braking the law if I let her stay here since I don’t want to be with her any longer.

Asked on September 5, 2012 under Family Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your sppuse have been married for less than three years and she is not a United States citizen, then getting divorced at this point in time could very well trigger an investigation from the immigration and naturalization department of this country to see whether or not your marriage is a sham or not.

One option is for you to file for a legal separation as opposed for a marital dissolution at this point in time if you no longer wish to remain married to your spouse. I suggest you consult with a family law attorney on this matter.


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