Marriage to stop deportation

[Stlmo314]

Missouri. My wife is trying to divorce me to marry a man she met while on a 3 month drug bender. This man is currently incarcerated on probation violation and violating us immigration law. He has talked her into marrying him so he can stay in the country. She has 5 felony cases pending since she started using Meth. Is this possible? Can she divorce me and just go marry him and he will get to stay Here? I'm not sure if they are even trying to deport him? How do I find out? The state is holding him and putting him thru treatment. Why dont they just deport him? Thx

 

[CTU]

Missouri. My wife is trying to divorce me to marry a man she met while on a 3 month drug bender. This man is currently incarcerated on probation violation and violating us immigration law. He has talked her into marrying him so he can stay in the country. She has 5 felony cases pending since she started using Meth. Is this possible? Can she divorce me and just go marry him and he will get to stay Here? I'm not sure if they are even trying to deport him? How do I find out? The state is holding him and putting him thru treatment. Why dont they just deport him? Thx

1. Not every crime qualifies as a "deportable" offense.
2. Because even as an undocumented immigrant (which may or may not be the case), he still has the right to due process.

That aside, she most certainly can divorce you and marry him. Whether he'll be able to remain here and live and work legally depends on facts we do not have.

 

[LdiJ]

Missouri. My wife is trying to divorce me to marry a man she met while on a 3 month drug bender. This man is currently incarcerated on probation violation and violating us immigration law. He has talked her into marrying him so he can stay in the country. She has 5 felony cases pending since she started using Meth. Is this possible? Can she divorce me and just go marry him and he will get to stay Here? I'm not sure if they are even trying to deport him? How do I find out? The state is holding him and putting him thru treatment. Why dont they just deport him? Thx

No, she cannot marry him to keep him in the country, not with the set of facts surrounding this particular situation. One of the key elements of that kind of process is that the sponsoring spouse must prove that they can support the immigrant, which your wife clearly cannot prove with 5 felony cases pending against her.

 

[FlyingRon]

Of course, an apparent marriage which is a sham to avoid deportation would likely be held as not sufficient to stay the deportation.

 

[Stlmo314]

Info

Where do I go to find his deportation case? How would I fight It?

 

[LdiJ]

Where do I go to find his deportation case? How would I fight It?

You cannot fight your wife divorcing you. If she wants a divorce she is going to get a divorce. That, you have to accept. You can perhaps drag things out enough that he gets deported before she is free to marry him, but in the end, you are still going to be divorced.

 

[Stlmo314]

Deportation

What I mean was can I stop her from marrying him? I'm ok with my divorce. Where do I find info on his deportation case and status? How long does deportation take? Thx for replying.

 

[LdiJ]

What I mean was can I stop her from marrying him? I'm ok with my divorce. Where do I find info on his deportation case and status? How long does deportation take? Thx for replying.

No, you cannot stop her from marrying him once she is free to marry. No one can.

 

[Stlmo314]

Deportation

I get that I can't stop her from marrying anyone. She is not in her right mind. Where do I find info on his deportation status? Is there a website or do I go to a courthouse?

 

[LdiJ]

I get that I can't stop her from marrying anyone. She is not in her right mind. Where do I find info on his deportation status? Is there a website or do I go to a courthouse?

I am not aware of any accessible database on people's deportation status. As I said before, all you can really do is delay the divorce as long as possible.

 

[CTU]

I get that I can't stop her from marrying anyone. She is not in her right mind. Where do I find info on his deportation status? Is there a website or do I go to a courthouse?

It's not your business. USCIS does not make such matters public record.

 

[CTU]

No, she cannot marry him to keep him in the country, not with the set of facts surrounding this particular situation. One of the key elements of that kind of process is that the sponsoring spouse must prove that they can support the immigrant, which your wife clearly cannot prove with 5 felony cases pending against her.

There isn't NEARLY enough information presented for you to make that determination. Have you not heard of co-sponsors?

 

[LdiJ]

There isn't NEARLY enough information presented for you to make that determination. Have you not heard of co-sponsors?

Of course I have heard of co-sponsors. However, who in their right mind would co-sponsor in this particular scenario?

 

[not2cleverRed]

It's not your business. USCIS does not make such matters public record.

Deportation is handled through ICE.

But yeah, I don't understand why OP is even asking this.

Of course she can seek to divorce OP. And OP should be glad to be rid of someone that doesn't care about him, and has at least 5 pending felonies against her - let her deal with her own legal mess.

Of course she can remarry after she gets a divorce. And OP's best reaction to that would be schadenfreude - for both parties.

Does it really matter what her motives are for the marriage? Does the man's immigration status matter one wit?