Divorcing immigrant spouse

[jaile 0]

Hello,

 

Unfortunately, I found myself in a very tough situation in which I think I might have to divorce my immigrant wife. Our relationship has deteriorated at an extraordinary rate since she has moved to the United States with me. She received her CR-1 visa in June of 2019 I believe and she moved here at the beginning of September. I somewhat suspect her of immigration fraud, although I do not have definitive proof. However, that point is moot because she is not the one requesting the divorce, I am. This is because she has become unbearable and treats me reprehensibly.

 

I have a few questions concerning my situation:

 

1) Our marriage took place in her home country of Nicaragua; therefore, how do I go about divorcing her when I live (she currently does as well) in the USA?

 

2) I touched upon the fact that I somewhat suspect her of immigration fraud (certain aspects of our marriage); however, I don't want to go the route of reporting her for that as I really don't have solid proof. That said, my question is, how would a divorce affect her immigrant status? I am currently living with her, but I really can't bear anymore of her. I don't know what to do. I've been providing for her, but once again, I cannot take anymore of her abusive attitude and behavior. 

 

Can someone please give me some counsel on my situation?

[Georgia16 2,858]

It won’t effect it as she now has a green card. She can remove conditions on her own with a divorce waiver. 

 

Just a a side note have you tried marriage counseling? Her behavior could be that of being homesick and having trouble adjusting to life here. It has only been a month since she came here.

[geowrian 22,335]

1) You file for a divorce where you currently reside. They will best handle any issues with division of assets and such. As far as the US is concerned, that's all that matters. There may or may not be a process to have the divorce recognized as well in Nicaragua (idk local laws there). Most countries will recognize a US divorce fine.

 

2) She can complete ROC on her own with a divorce waiver. Her immigration status and efforts are no longer your concern if you divorce (although you are still on the hook for the I-864 - divorce doesn't change that).

[millefleur 5,035]

**Moved from General Immigration-Related Discussion to Effects of Major Family Changes on Immigration Benefits to be among similar threads**