QUESTION
Can someone who got citizenship through marriage get a divorce? How?
Asked on May 25th, 2015 on Divorce - Washington
More details to this question:
I have a friend that just got his citizenship through marriage and is going to ask for a divorce. He wants to marry an illegal citizen and start a new life with her while being able to apply for her greencard. I wanted to know if he is able to divorce his current wife, marry the other woman, and apply for her papers. Please let me know as soon as you can.
7 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, it's possible. I suggest that your friend contact an experienced immigration and family law attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. They would then be in a better position to analyze his case and advise him of his options.
Answered on Jun 08th, 2015 at 9:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an immigration attorney with the details.
Answered on Jun 08th, 2015 at 9:43 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This sounds close to immigration fraud. Please have him contact a reputable immigration attorney for a personal consultation.
Answered on Jun 08th, 2015 at 9:43 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Anyone meeting the residency requirement may obtain a divorce here. I have no comment on immigration law issues.
Answered on Jun 08th, 2015 at 9:43 PM
The short answer to the question is: yes, the newly naturalized citizen may divorce, re-marry, and sponsor a new spouse for immigration benefits. The longer answer is that if the new citizen naturalized after being a Permanent Resident for only three years, with a petition for a new spouse the USCIS may examine whether the naturalization was fraudulent, based upon a suspicion that the naturalized citizen was not genuinely married and living together with a U.S. citizen spouse at the time of the naturalization. Note also that eligibility to petition for the second spouse may depend upon many other factors, such as whether the new spouse entered the U.S. lawfully and with inspection. Especially for issues as complex as this, there really is no substitute for engaging an immigration attorney who, after learning all of the relevant information about the people involved and the available evidence will be able to advise about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jun 08th, 2015 at 9:42 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't know what an 'illegal citizen' is, so I can't know the effect of seeking to marry one In general, any resident of the state has the right to divorce a spouse, regardless of visa or citizenship status. However, a divorce taking place very soon after someone acquires US citizenship looks fishy as can be, and there is a chance that the Immigration service will take another look.
Answered on Jun 08th, 2015 at 9:42 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Anyone, regardless of status can get a divorce. Citizenship status may not be considered by the divorce court.
Answered on Jun 08th, 2015 at 9:42 PM