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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4865
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I report to ICE, that the first wife(Brazilian) of my

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I report to ICE, that the first wife(Brazilian) of my husband, was with him just for a green card they get married he get deployment back in 2011 and she was working as stripper in San Diego all the time(the marriage practically was 9 months time of his deployment and 1week after he back from Afghanistan,they go to the first interview,after that she left the house and live with the new boyfriend, but the husband filled the divorce in 2013 because of financial hardship after he get out of the usmc, she never responds about the divorce,he never knew what happen with her after the divorce because he was his sponsor and responsible for the next 10 years, but after years seems she still is living in San Diego with a new Brazilian husband and a new child, living a normal life with a supposed business as a event coordinator and being a Christian woman,now my question is why she still is not deported back to Brazil, and what he can do in order to do the annulment after the divorce and withdrawl the sponsorship that he sign back in 2012. In order for stop everything that has to do with that woman
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 9 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

I cannot know for sure why she has not been deported unfortunately but I can make a few guesses based on experience from what you've told me. It could be that she received her green card based on your husband's marriage and that's why she is still here. If she was married two years to him, that is enough time for her to have gotten her green card based on the marriage. If she is a green card holder, it is very difficult to prove fraudulent marriage. It may be that there was not enough evidence to prove that she married your husband with fraudulent intentions so that's why she is still here. It could also be that the Brazilian husband petitioned her for her green card and she got it that way.

Once a couple is divorced, in most states you can no longer get an annulment but he would have to speak to a family attorney about that.

There are very specific ways to stop the sponsorship and those are the only ones. 1. When she becomes a citizen 2. When she works at least 40 quarters in the US 3. If she dies 4. If she leaves the US permanently The divorce or annullment are not enough to stop the responsibility of a sponsor.

I'm sorry I don't have better news. I hope you can understand that I don't make the laws and I cannot change it.

Good luck to you and I hope this answer has helped you!

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