Bradford Smith

Hello, I brought my wife here 6 weeks ago. She has basically told me that she is here
to make money for her family and after two and a half years we may work on our being
husband and wife. We have been married for two and half years. If I divorce her
before her first year here, would she have to go back? What if I report her to
immigration? I have proof of what she said.

Thank you

Shelley

If you filed an I-130 for your wife, and she was granted a spousal visa, and received
the I-551 stamp in her passport when she entered the US with the code IR - then she
has permanent resident and it would not matter if you divorced her she could remain
in the US. If the code is CR - then she is a conditional resident and she would have
to file an I-751 to remove conditions in two years, or as soon as your divorce was
final. Then she may or may not be allowed to remain in the US. If she came to the US
on some other visa, and you have not filed AOS for your wife, then when her visa
expires she would have to return home. Being married does not give you status to
remain in the US. Hope this helps. Take Care. Shelley

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