Questions regarding divorce without any immigration papers being filed

[Need411 1]

Hello, I have a question.

My husband and I have been married a little of a year, we have not filed any immigration paperwork. Now we are having a lot of problems in the marriage, including him cheating. His Visa expired over a year ago, what happens if him and I divorce, will he get deported? Or what happens if he remarry, will that be a "red flag" with immigration? What options he has to stay in the country legally?

Thanks in advance...

Edited April 6, 2012 by Need411

[cappucino boy 29]

Hello, I have a question.

My husband and I have been married a little of a year, we have not filed any immigration paperwork. Now we are having a lot of problems in the marriage, including him cheating. His Visa expired over a year ago, what happens if him and I divorce, will he get deported? Or what happens if he remarry, will that be a "red flag" with immigration? What options he has to stay in the country legally?

Thanks in advance...

Hi Need,

Sorry for you situation, in order for someone to give you a proper answer you will ned to supply more informaiton as: if you are U.S. Citizen, what type of visa does your husband has etc... If it is a tourist visa and it's expired he will already be subject to a ten year ban if he leaves the country. It sounds like if he leaves at all now he won't be able to come back even if he aquires another visa if he uses the same passport. If you get a divorce based on whatever visa he has he would not be able to marry without the proper paper work. I hope some of this helps and I hope things get better for you.

[Need411 1]

Thanks for the fast response. I am a USC, I think he holds a tourist visa. I was told that he can remarry with his passport and the I.D he has from his country. It really hurts because I have been here for him and to think that he can just remarry, like nothing happened... Really hurts. What happens if I submit a complaint to immigration, will that make a difference? We married a couple of days before his visa expired.

[LIFE'SJOURNEY 970]

Thanks for the fast response. I am a USC, I think he holds a tourist visa. I was told that he can remarry with his passport and the I.D he has from his country. It really hurts because I have been here for him and to think that he can just remarry, like nothing happened... Really hurts. What happens if I submit a complaint to immigration, will that make a difference? We married a couple of days before his visa expired.

What type of visa did he enter the US on?

[Need411 1]

I'm sorry, I have no idea... I'm sure it was a tourist visa. He was doing a lot of traveling...

[LIFE'SJOURNEY 970]

ok, he can divorce and re-marry at will, He is out of status, so right now he has no legal status in the US. Divorce him and move on, you will be better off this way. Let someone else worry about his legal or illegal status. Do not adjust his status.

[Penguin_ie 5,986]

**** moving from AOS from Family visa to Effects of Major changes as it is not sure there will be an AOS of any kind, and OP's husband came on a tourist visa, not family *****

You can divorce and re-marry as he wishes. He is unlikely to be deported unless he comes to the attention of police. A quick divorce and re-marriage would be a definite red flag if he tries to get a greencard though. No point in you reporting him unless you have evidence he only married you for the greencard.

[Need411 1]

We lived together maybe around 6-7 months, not even a full year. The fact we got married days before his visa expires isn't enough? I want to seek an annulment. I also want to call immigration and report him and her just incase he does try to get married. Right is right, wrong is wrong and he needs to be held responsible for what he is doing. If we divorce is he allowed to stay? We NEVER filed any paperwork together. If not, how long does he have to return to his country?

[sara..... 371]

We lived together maybe around 6-7 months, not even a full year. The fact we got married days before his visa expires isn't enough? I want to seek an annulment. I also want to call immigration and report him and her just incase he does try to get married. Right is right, wrong is wrong and he needs to be held responsible for what he is doing. If we divorce is he allowed to stay? We NEVER filed any paperwork together. If not, how long does he have to return to his country?

im sure someone will correct me if im wrong but .......if you didnt file any immigration papers for him it would be hard to get him for marrying you for a green card.....if you divorce and he remarries and she files immigration papers for him thats a different issue because he will have to show he was married to you and then divorced......once they file the immigration papers he would be allowed to stay until they approve or deny the petition....if denied he will be deported if approved he will be allowed to stay......if he is stopped for even a traffic issue at this point i think they might detain him for over stay on his visa....im not sure on that one but i seem to remember someone on vj that happened to.

just my opinion

sara

[LIFE'SJOURNEY 970]

Sara, you are correct, need411 why are you trying to be vindicted. If the marriage didn't work out just divorce him and move on. he has gain any immigration benefits from you, since you'll have not filed anything. If he finds a new lovwe and she goes through the process with him,it's her problem.

Right now he is out of status, but calling and reporting him will not gain any thing for you. Actualy, you are in the best position, you have not signed any documents that would legally tie you to him for a 10 year finanical standpoint.

Edited April 7, 2012 by LIFE'SJOURNEY

[Need411 1]

When I realized that his visa expired a few days after we got married, I never wanted to do the papers for him. He pushed the issue and I was skeptical. The only reason I feel he cheated is to find someone else to do the papers. So if he remarries for papers then he's breaking the law, and possibly misleading someone else the same way he did me.

[LIFE'SJOURNEY 970]

When I realized that his visa expired a few days after we got married, I never wanted to do the papers for him. He pushed the issue and I was skeptical. The only reason I feel he cheated is to find someone else to do the papers. So if he remarries for papers then he's breaking the law, and possibly misleading someone else the same way he did me.

You can try telling the new love this, but learn to let go. Take a deep breath, let go and you will feel 100% better. Go luck moving forward.

The next time it rains, walk in the rain and brawl until you have let it all out. No one will every know, you will have cleansed the soul.

[Darnell 8,478]

Sara, you are correct, need411 why are you trying to be vindicted. If the marriage didn't work out just divorce him and move on. he has gain any immigration benefits from you, since you'll have not filed anything. If he finds a new lovwe and she goes through the process with him,it's her problem.

Right now he is out of status, but calling and reporting him will not gain any thing for you. Actualy, you are in the best position, you have not signed any documents that would legally tie you to him for a 10 year finanical standpoint.

You probably were trying to write -??

He cannot gain any immigration benefits from you.....

---

to the OP - yer not on the hook with USCIS at all, at this moment, marrying him got him no benefit unless the Adjustment of Status Casefile was filed - and you have told us that it was never filed. Divorce, move on. Be glad you not file anything, as you'd be on the hook (so to speak) with the Feds for the I-864 Affadavit of Support...

[rika60607 215]

He is out of status. He had been since his tourist visa expired and you knew this all along (6-7 months). If you divorce him now and aggressively move on getting him deported, you may give him a chance to file a VAWA claim based on your marriage.

If you divorce and do nothing, he will have a chance to re-marry (subject to waiting period depending on state of residence) and adjust status with his new wife.

Either way, he may be deported, but at the worst he will face a 3 year ban for overstay (could be waived) and he'll be able to return on IR-1 visa if his new wife decides to stick with him, assuming that he is eligible otherwise (health/criminal history).

Is your revenge really worth getting into this mess? I was very mad at my ex-husband and considered all kinds of ways of getting him into trouble (including reporting him to the IRS), but I did not do anything. Now I am glad I stayed out of it. If you are generally a good person - just get a divorce and forget about him. Your future happiness is the best revenge.

We lived together maybe around 6-7 months, not even a full year. The fact we got married days before his visa expires isn't enough? I want to seek an annulment. I also want to call immigration and report him and her just incase he does try to get married. Right is right, wrong is wrong and he needs to be held responsible for what he is doing. If we divorce is he allowed to stay? We NEVER filed any paperwork together. If not, how long does he have to return to his country?

[Visitor 90]

I agree with other posters on this.

Right now you are hurt and want revenge and want to hurt him back. That's not a good way to move on with your life. It achieves nothing.

Divorce him and his problems. Consider yourself lucky that you found out about his infidelity before you got financially involved with him and the USCIS.

Divorce him and make a clean break of it. DO NOT get involved with his paperwork mess. The repercussions just aren't worth it for the sake of revenge. All you will succeed in doing is getting your name dragged through the mud along with his.

You may not see through the hurt right now but later on in the long run you will be glad you did NOT do anything to take revenge on him or get any more involved in his statistical mess.

This is no longer your problem. It's HIS problem. Divorce him and move on. Rise above and learn from this experience.

Making his life more difficult won't make your life easier or ease your pain. I understand this is a difficult time for you and I wish you luck and strength to do what is right for YOU.