Divorce before immigration interview
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.