Legal Question in Immigration Law in Texas

chances of my ex-wife getting a green card and why she wont sign the divorce papers ?

A year ago I marry a citizen of colombia she come here as a student, but I find out she was seeing her previous lover behind my back so I ask her to leave the apartment so I withdraw my i-130 petition and file for divorce, I try get an uncontested divorce and I ask her to please sign the paper since we have no childrens or property but she didnt sign and now my lawyer is trying to server her the divorce papers which say she is at fault for the breakup of the marriage what is the benefit for her to avoid to been serve?

we have some arguments where I complaint to her that I was feeling used for the green card because because she spend more time with her friends rather with me and i demanded more time together but other than that i never put a finger on her can she accused me of vawa or lie about DV which never happened

is vawa a criminal record for me if she succeds with this ??'

Asked on 4/22/19, 7:51 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If your estranged wife files a VAWA case, it won't adversely affect you, & you aren't going to be arrested or anything like that. Moreover, she will need convincing evidence that she was either emotionally or physically abused. So, just because she files the case doesn't mean she'll be approved. Either way, it won't create a criminal record for you, if you don't already have one, & you will not be contact by USCIS.

As far as the divorce goes, that's State law, so I cannot advise you about that.

Good luck!

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Answered on 4/22/19, 10:55 am

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