Married to a Drug addict/alcoholic if divorced will [the person] be deported?

Question

I'm talking about a situation my law class has brought up as an example. An immigrant on a working visa has job that she dreamed of, in order for her to stay in US. She needs to marry. She finds a husband but he ends up being a druggeie/alcoholic. She only finds that out after marrying him. She starts her immigration's paperworks. But the thought of being married to a drug addicts pursuits her and she moves out. Now can she divorce him and still stay in the country?

Answer 1

It depends.

If she is on a H visa, there is a way for her to petition herself for a green card.

If she has already started to adjust status based on marriage, it will be more difficult. Her choice is to stay married until she gets her green card, or go back to her home country. Perhaps it isn't an ideal marriage, but if she moves back in and can pass the interview successfully she'll get a green card. If she divorces now, it will be difficult although there is a way around it if she can prove the marriage was bona fide.

There is an exception for spouses who are victims of abuse, but that doesn't seem to apply here.

Answer 2

Depends on her reason for marrying. A man and wife get married for better or worse. They don't have to staty married but did she at least try and help him through his problems or did she just up and leave. If she could prove she tried to help him but he just refused help, she could probably self petition, but if immigration determines she knew of his addiction before marriage, he did not work steady, they were not compatible, such as she was a rocket scientist and all his jobs were at the car wash or day laborer, or that she just wants a green card it's all over.

Answer 3

You said "needs" to marry. That might be problematic. There is no guarantee that the petition would be approved in any case.

Having said that, it is possible to divorce on the grounds of domestic violence and proceed with a green card application based on marriage. Being a druggie/alcoholic would not necessarily meet those conditions. If all he does is laze about, curse at her from time to time but doesn't hurt her, she may have difficulty meeting the requirements as a divorcee.

Answer 4

As soon as she marries she has to file for a change of status. Once the status is approval, she will received a provisional permanent resident visa. However, if she does not remain married for at least two years, she will lose her permanent status and will likely face deportation.

There are exceptions. She should seek the advice of a lawyer.

Answer 5

It depends. If she already received her conditional greencard yes, she can stay and file for the removal of conditions by herself but she need to have proof that the marriage was entered in good faith. Otherwise she will have to go through the VAWA(The Violence Against Women Act) process, and if she has sufficient evidence to support a claim of abuse, she is entitled to stay.

Answer 6

if he's on a non everlasting visa and hasnt were given residency yet then if u go away and document him to immigration he receives deported ofcourse you would have had to have subsidized him on an substantial different visa for him to get deported if u go away him dont await a divorce u dont want one ...if he's on an substantial different visa they are going to deport him if the relationship fails previously he has gotten everlasting residency dont hardship urself purely ring immigration they are going to do something else

Answer 7

In my opinion she should have known if someone is a addict. If she was given legal status and divorces him she can stay. If she is in the process of obtaining legal status, I do not think so. I am not certain about this though.

Answer 8

As long as she is here legally, she can get a divorce without fear of being deported.

Answer 9

he sounds like a small man, Irish I bet, she should put him in his place, and keep him there too