My son married a non-U.S. citizen and now wants to get divorced

[dtracycar]

What is the name of your state (only U.S. law)? Washington State.
Last September my son married a gal who is not a U.S. citizen and doesn't have her green card. Four months ago she kicked him out because he didn't make enough money. He moved home and she stayed in the apartment that her parents are paying for now. Now he finally is over it and wants to get a divorce. She says she will sign the papers but only if he helps her get her green card. While they were married, she started the process to get her green card but doesn't have it yet. I am wrong that they would be committing fraud if they stayed married so she could get her green card? They don't live together and basically have no relationship whatsoever. They have no join property or bill and no kids. How would she be able to get her green card in that situation? And how can he get out of the relationship without having to help her?
I would appreciate anyone's advice. I don't know where to start and he can't really afford a lawyer and neither can I. I was hoping to file all the divorce paperwork for him and just get it over with.
Thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? Washington State.
Last September my son married a gal who is not a U.S. citizen and doesn't have her green card. Four months ago she kicked him out because he didn't make enough money. He moved home and she stayed in the apartment that her parents are paying for now. Now he finally is over it and wants to get a divorce. She says she will sign the papers but only if he helps her get her green card. While they were married, she started the process to get her green card but doesn't have it yet. I am wrong that they would be committing fraud if they stayed married so she could get her green card? They don't live together and basically have no relationship whatsoever. They have no join property or bill and no kids. How would she be able to get her green card in that situation? And how can he get out of the relationship without having to help her?
I would appreciate anyone's advice. I don't know where to start and he can't really afford a lawyer and neither can I. I was hoping to file all the divorce paperwork for him and just get it over with.
Thanks!

She doesn't have to sign anything in order for your son to divorce her. Tell him to get on the ball. He can do a Google search for his local county's self-help court resources.

 

[Proserpina]

What is the name of your state (only U.S. law)? Washington State.
Last September my son married a gal who is not a U.S. citizen and doesn't have her green card. Four months ago she kicked him out because he didn't make enough money. He moved home and she stayed in the apartment that her parents are paying for now. Now he finally is over it and wants to get a divorce. She says she will sign the papers but only if he helps her get her green card. While they were married, she started the process to get her green card but doesn't have it yet. I am wrong that they would be committing fraud if they stayed married so she could get her green card? They don't live together and basically have no relationship whatsoever. They have no join property or bill and no kids. How would she be able to get her green card in that situation? And how can he get out of the relationship without having to help her?
I would appreciate anyone's advice. I don't know where to start and he can't really afford a lawyer and neither can I. I was hoping to file all the divorce paperwork for him and just get it over with.
Thanks!

I have one question (to start with, at least).

Did she enter illegally, or was she here on a visa and she let the visa expire?

 

[dtracycar]

I have one question (to start with, at least).

Did she enter illegally, or was she here on a visa and she let the visa expire?

I believe she entered legally and it expired right after they got married. They got married because it was going to expire in a few days.

 

[Proserpina]

I believe she entered legally and it expired right after they got married. They got married because it was going to expire in a few days.

So they've already committed fraud. Your son should thank his lucky stars that he hasn't actually sponsored her, and should file for divorce at his leisure.

 

[dtracycar]

So they've already committed fraud. Your son should thank his lucky stars that he hasn't actually sponsored her, and should file for divorce at his leisure.

I don't think HE went into the married thinking it was just so she could stay in the U.S., but I think that was her intention all along. I was actually wondering if he could file for an annulment using the reason of fraud. So he should just file for divorce and server her with papers? If she doesn't sign the papers, what happens? I'm not sure if she would know enough to respond to his petition for dissolution and make them go to court.

 

[Proserpina]

I don't think HE went into the married thinking it was just so she could stay in the U.S., but I think that was her intention all along. I was actually wondering if he could file for an annulment using the reason of fraud. So he should just file for divorce and server her with papers? If she doesn't sign the papers, what happens? I'm not sure if she would know enough to respond to his petition for dissolution and make them go to court.

Probably easier and less stressful to just get the divorce over and done with. It's not as if there is a mountain of wealth to be fought over, right?

 

[dtracycar]

I don't think HE went into the married thinking it was just so she could stay in the U.S., but I think that was her intention all along. I was actually wondering if he could file for an annulment using the reason of fraud. So he should just file for divorce and server her with papers? If she doesn't sign the papers, what happens? I'm not sure if she would know enough to respond to his petition for dissolution and make them go to court.

Because now she won't be able to get her green card, correct? And if he decided to break the law and sponsor her, immigration would figure it out during interviews that they don't live together or anything, correct? I've been trying to explain to him how what she is proposing is against the law and will be easily found out by them.

 

[dtracycar]

Probably easier and less stressful to just get the divorce over and done with. It's not as if there is a mountain of wealth to be fought over, right?

There is nothing to be fought over. He just wants to be done with it and never have to talk to her again, but she doesn't seem to want to make it easy.

 

[Bali Hai]

Because now she won't be able to get her green card, correct? And if he decided to break the law and sponsor her, immigration would figure it out during interviews that they don't live together or anything, correct? I've been trying to explain to him how what she is proposing is against the law and will be easily found out by them.

Not correct. An immigration judge will decide if she get's a green card. How do you know he hasn't already submitted paperwork for sponsorship?

 

[Proserpina]

Because now she won't be able to get her green card, correct? And if he decided to break the law and sponsor her, immigration would figure it out during interviews that they don't live together or anything, correct? I've been trying to explain to him how what she is proposing is against the law and will be easily found out by them.

If he sponsors her, he's setting himself up for major - and I do mean MAJOR - heartache.

Because:

If he sponsors her just so she can get a green-card, and they pass the interview, he's just set himself up for being financially responsible for her (to the tune of 125% of the Federal Poverty Level, less anything she earns). This obligation does not end if they get divorced. It ends only when one of these occurs:

His death
Her death
She naturalizes (becomes a citizen)
She earns 40 qualifying social security quarters (that's working for about 10 years, give or take)
She abandons her residency.

A prenup cannot override that sponsorship document. But y'know, that's not even the worst of it.

THIS is the worst of it:

If he sponsors her just so she can get a green-card and they get "caught", she'll be outta here, sure .... but your son is going to face a potentially huge barrel of trouble just for himself. Immigration fraud is a serious hot button at the moment and they will come down on him like a ton of bricks.

Tell him about this. Don't mince your words. If he doesn't believe you, send him here and I'll go into as much detail as he needs.

 

[Proserpina]

Not correct. An immigration judge will decide if she get's a green card. How do you know he hasn't already submitted paperwork for sponsorship?

It's usually a regular agent who approves (or denies) the petition actually. Typically it only crosses the judge's desk if there's a complicating factor involved.

 

[Bali Hai]

It's usually a regular agent who approves (or denies) the petition actually. Typically it only crosses the judge's desk if there's a complicating factor involved.

You mean like alleged immigration fraud?

OP comes across as if her son holds the key to whether his wife stays or gets booted out of the country. That is NOT correct.

 

[Proserpina]

You mean like alleged immigration fraud?

OP comes across as if her son holds the key to whether his wife stays or gets booted out of the country. That is NOT correct.

Andy and Mandy are married. Mandy needs to adjust her status and she can't do that without Andy being an integral part of it. Since there are only two ways the file would even grace the hallowed desk of Agent 24 and they both involve Andy that's a pretty big key he's holding right there, don't you agree?

 

[stealth2]

Andy and Mandy are married. Mandy needs to adjust her status and she can't do that without Andy being an integral part of it. Since there are only two ways the file would even grace the hallowed desk of Agent 24 and they both involve Andy that's a pretty big key he's holding right there, don't you agree?

Well..... we all know where the key is hanging. I'm sure Mandy would be gentle in removing it...