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Immigration Issues/Immigration and Divorce


Dear Alexander,
A couple of years ago I married a European woman.  After about 6 months we started fighting and separated.  However, in considersation of her immigration status we did not file for divorce.  Since then I have started dating a mexican woman and we would like to get married and therefore I am now interested in filing for divorce.  There are however, a few problems.  First, I don't know where my wife (soon to be x-wife) is.  Second, I don't know if she has recieved her provisional greencard as yet.  As of one month ago she had not.  Third, if I divorce her now, do I have any hope of realistically sponsoring my mexican fiancee?  I have heard there is a limitation of five years and that no matter what happens there will be major red flags at the Immigration office.

You should have divorced her immediately since you are now a potential party to immigration fraud.

But there is nothing you can do about that other than fix it.  Getting a divorce from someone who you cannot find is difficult.  But you need to do it.  Get a lawyer to help.

As for the ex-wifes visa, she will never get it unless you actually go with her and say the marriage is good. I doubt you can prove that one.  Even if she gets the conditional visa she still must get the waiver after 2 years.  Unfortunately that is her problem. She has options. I would let her pursue them, and focus on your situation. Honesty is the best policy here.

Now as to the new wife, after you have divorced, it would be best if she can come legally to the US on a B1/B2 visa, and get married here.  Easier for you.  If not a fiance petition is available. As long as everything you have done is stated honestly, you should have no problems. You have done nothing wrong. Just don't act like a criminal.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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