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

UPDATED: Sep 5, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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