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Hi. I am trying to divorce my wife right now who married me

 
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  • Answered by:Longhorn Lawyer
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Hi. I am trying to divorce my wife right now who married me for a Green Card. It seems possible that the divorce will go over easily, but do I have a legal obligation to report the fraud? I mentioned it to the court clerk, and he said to just go for a divorce because it will be cheaper and easier than an annulment. He also mentioned that they might claim that I knew about it, and I could "be on the hook." If I don't report her fraud, and she makes false claims that I knew about the fraud to USCIS, would I be in trouble?

 

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State/Country relating to question: New York

Submitted: 788 days and 15 hours ago.
Category: Immigration Law
Value: $30
Status: CLOSED
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Expert:  Longhorn Lawyer replied 788 days and 15 hours ago.

I'm happy to answer your question. If there is a delay, please be patient, as I am likely working with other customers as well.

If you did not actively conceal or did not participate in the fraud, then you shouldn't have a problem. But just to avoid the appearance of impropriety, it might be worth your time and effort to contact the USCIS directly, to inform them of the divorce, and your concerns that there may have been a fraud involved. This should help cover yourself, in case your wife decides to accuse you of something that is not true.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions. Rest assured that your question will not close, and you can still ask related follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Thank you!

Customer replied 788 days and 15 hours ago.

Thank you for your reply. I will certainly accept your response. Should I wait until the divorce has gone through and been processed? The reason I ask is that right now, it seems as if the divorce will go over uncontested, and therefore much cheaper than a messy legal proceeding. But if I contact USCIS, while I might get the annulment that I originally desired, it might end up being a very difficult situation...so do you think that waiting to contact USCIS would be better? Thanks again

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Expert:  Longhorn Lawyer replied 788 days and 14 hours ago.

You definitely want to wait until the divorce is finalized before you inform the USCIS of anything. You want it to go as smoothly as possible. But I think that once the divorce is finalized, you inform the USCIS immediately. The sooner you do it, the better.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions. Rest assured that your question will not close, and you can still ask related follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Thank you!

Expert TypeImmigration Attorney
Category: Immigration Law
Pos. Feedback: 97.3 %
Accepts: 5328
Answered: 3/3/2011

Experience: Experienced in all aspects of immigration and nationality law.

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