Hello, I am a US born citizen living in California. I was recently married to a Japanese person and we've been in a legitimate relationship for 5 years. We were married 2 months ago. We are currently in the process of immigration paperwork and have our interview with the Immigration Dept. for her Green Card application in less than a month. We also have a great attorney helping get everything together. However, we are having lots of problems and have pretty much decided to split up and will need to file for divorce or annulment. We love each other very much but have our share or problems and living away from Japan is very hard for her emotionally. We have agrees to split peacefully and she has no interest in obtaining a green card and would leave the country for good once everything is settled. We have no assets together really and there is no need for any kind of settlement. I want to ensure that if we divorce or file separation before our interview that there is nothing on our record to indicate that she was in the country illegally. My questions are what should be done? Should we tell our lawyer what we are going through? Should we go through the interview process first and then file for divorce? If we file before the interview and cancel it, will it be a problem on her record that may bar her from entering the US again? She has no intention of living in the country and does not want a green card now but we do not want her to have anything on her record that would look bad.
Also, considering we do not have any assets and have nothing to really split what is the best route for divorce? Do we really need a divorce lawyer? What is the difference between a Divorce and an annulment? Is an annulment easier?
Anyway, these are our issues. I would love to hear from someone who might have some insight for us through this weird and difficult time.

How long has she been in the country? If she is illegal right now then going to the interview will only point this out to immigration, if you don't do the interview and she leaves then no one is the wiser. Plus why keep paying this lawyer to help get her a green card she doesn't want?

As for the divorce lawyers, if you can both agree to part with what you took and she doesn't demand money you don't have don't bother.

You and your wife were invovled five years prior to being married. So does that translate to her being in the United States as an illegal immigrant? Then you get married and now want an annullment or divorce. The annullment is like the marriage never happened - clean slate. Might be easier since you have only been married a couple months. She wants none of the assets and agrees to leave the country.

So go through the annullment and she leaves the country. Why involve the INS in this now? What was the purpose to the INS interview if you two are planning a dissolution of the marriage? Why didn't she apply for a green card earlier than now? If you go the interview, yes, the INS will want to know how long she has been in the country and it does no good to lie - they find out things. Something is not quite right about this.

I guess I would just go forward on the marriage dissolution and go from there. You need an attorney no matter if you choose divorce or annullment - an attorney can counsel you on both avenues and what is best in your circumstances.