QUESTION
If he divorces a US citizen before he is legalized, will he be deported?
Asked on Aug 27th, 2012 on Divorce - Florida
More details to this question:
My boyfriend is legally married to a US citizen. They have been separated for some time now. He was in the process of filing for residency when they separated. They have two children but they no longer live together. He wants a divorce but she keeps threatening him. She said she would have him deported if he divorces her or that she will never let him see or have anything to do with his kids. She also said that if he divorces her she would charge him for all the back pay for all the years they have been separated. He buys everything for his kids, food, clothes, shoes, everything. What is the best thing for him to do and can she do all those things?
8 ANSWERS
Leonard A. Kaanta
No she can't do all those things, you to talk with a divorce attorney and an immigration attorney.
Answered on Aug 29th, 2012 at 2:31 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends, the cut off is 2 years of marriage. If he has been married less than that they can deport him? unless you get married. You should talk to an immigration lawyer.
Answered on Aug 27th, 2012 at 7:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It sounds like she is taking advantage of him. He needs to hire an attorney to review his case in detail. Someone with immigration law background. It might be a bit complicated and there is no way to do this question justice in this forum.
Answered on Aug 27th, 2012 at 4:30 PM
You have a very interesting situation. In my opinion, you should contact the Department of Immigration and ask them. They should be able to give you the answer.
Answered on Aug 27th, 2012 at 4:29 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Your boyfriend should consult with a family law attorney and an experienced immigration attorney. You can check with the local bar association in your area for referrals or contact the California State Bar.
Answered on Aug 27th, 2012 at 4:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage a divorce attorney and an immigration attorney.
Answered on Aug 27th, 2012 at 4:28 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He needs a divorce attorney who also handles immigration problems.
Answered on Aug 27th, 2012 at 4:27 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Speak to an Immigration Attorney. Many have free consultations. What is back pay? If it was court ordered child support, she could chase him for that, but collecting out of the US is problematic. If in the US it is easier. If no court order, she is out of luck.
Answered on Aug 27th, 2012 at 4:27 PM