My boyfriend married a girl (before we met) and was bribed into it so she could have Citizenship. They didnt pass, he had to write a statement about the bribe etc..she was supposed to return to court so everything could end and should would get a date for Deportation. She left before hand. We have been together for 5 yrs and are needing to get rid of this situation.. Oh, and no one for Immigration has contacted him since...
Optional Information: Denton/Dallas, TexasAlready Tried: Dont even know where to start.
Thank you for your question.
Your boyfriend can file a petition for divorce. If he is unable to serve his wife (because he does not know where she is), he can explain this to the court, who may allow him to serve her via publication in the newspaper. Either way, it is very possible that the judge will allow the divorce proceedings to move forward. Especially if she has been gone a significant period of time.
Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.
Reply to Law Girl's Post: GOod answer.. well.. i guess im just worried if he will be "in trouble".. and for court do we just go up to any court? what do we ask them for?
It is unlikely that getting a divorce will get him into trouble, especially if he has already admitted to the fraud.
He will want to go to the courthouse in the county in which he lives to find out if they have forms for divorce. Some courthouses even have family law self help centers where they will give you the forms that you need.
My law firm practices immigration law.
what is an average length of time for this thing to clear up after the court has heard it
It is really going to decide on the court's calendar. It may take time for the court to decide that service via publication is alright. The court may also have a full calendar, in which case the matter may be set out months. You may want to anticipate the process taking anywhere from three to six months.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).