My husband and I have the longest wait time for legal paperwork to get done ... it's been two years and still waiting. However, I do not want to stay married, and while we were married legitimately, I was wondering if anyone can tell me if I can get a legal separation without screwing up his paperwork?
Thank-you very much!!!!!!!!!

wynelle

How long have you been married? What is the current status on his paperwork?

If his immigration is dependent on marriage to a US citizen, then yes, divorce will impact his status.

volygrl3

We've been married for 2 years, and we started the paperwork a few months after we got married. The Service Center handling our case has just been slow or lost our stuff, but I have spoken to the USCIS officers on many occasions and they always end up "resubmitting electronically" because things are "outside of the processing time."
What about a legal separation?
Thanks

wynelle

My personal opinion?

It might be considered fraud if you sponsor him knowing you were planning a divorce.

A lot of investigative officers think very poorly of marriages in which immigration papers are filed shortly after marriage, and a divorce/separation then follows. (I have a friend who works with Immigration and Naturalization)

In fact, if you are legally separated or divorced at any point up until he raises his right hand and recites the oath of allegience-- the paperwork could come to a grinding halt. And that could be one of the reasons that it is taking so long. There could be suspicions.

sfl1602

i'm young and scared.my baby father is getting a divorce but we just had a baby[5 months old].he wants to get married to me but i'm afraid that i won't get through with my papers if i get maried to him.could someone please help me or give me some advice if you are able to,keep in mind that this is the first time that i will be married being 26 years old and him being 36 years old.

CaptainForest

You are afraid you won't get in with your papers if you marry him?

You live where?

He lives where?

If he lives in America or Canada, then the fact you are married and have a kid together will almost certainly guarantee you entry...unless you are a suspected terrorist or something.

s_cianci

Since you've already filed for divorce, getting a legal separation would be redundant at this point and would probably take just as long as it's taking your divorce to go through.