Legal Question in Immigration Law in Florida

I married my husband 2 years ago in August and he already has his temporary resident card, we have been separated for a year and a half, he cheated on me. We were young but I still love him as a friend so i continued to stay married to him so all the money we invested in his paper work could finish processing. Unfortunately I want to get married, and i have to divorce him before he gets his Permanent residency, He is threating me by saying he will tell immigration our marriage was false so that i go to jail for 5 years becuase he will gt deported. What can i do? Please help me?


Asked on 9/02/09, 11:24 am

2 Answers from Attorneys

Michael Harris Law Offices of Kravitz and Guerra, P.A.

His threats to you are not a good idea. Because your husband has what's called Conditional Permanent Residence, within 90 days of the 2 year anniversary of the approval of his temporary green card he will have to file to remove the conditions. The removal of the condition can happen two ways: (1) he files with you, his spouse, together in a joint petition; if he doesn't file within this time, he will be issued a Notice to Appear before the Immigration Court; or (2) If you are divorced, he can file without you IF the marriage was entered into for love and affection. He would still need your help to explain this, and provide other documentation. But, he could still obtain his full green card without you. The divorce will have to be final for him to file on his own, but it can be done under the right circumstances.

By threatening you, he doesn't realize that you may ultimately be proven to be an innocent bystander and he had no intention of marrying you for love and affection -- but simply for his immigration papers.

Sincerely,

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Answered on 9/02/09, 11:33 am
Luba Smal Smal Immigration Law Office

If he says that marriage is a sham marriage, he is as guilty as the other party, and will loose his residency, will be removed from USA, can face 5 years in prison, plus 250,000 fine. It looks like he is blackmailing you. It's not really likely that he is going to "self-report" himself to USCIS.

If this was a real marriage, you have nothing to be afraid of. You are free to divorce him.

If it was a sham marriage and he paid you for this "arrangement", than it's a different story.

Even after divorce he might be able to apply to remove conditions from residency with a proof of a bona fide marriage. He should talk to a qualified immigration attorney.

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Answered on 9/02/09, 11:37 am


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