Q: If my K1 visa wife was denied adjustment of status for fraud
My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I have to file for divorce. I hear she is trying to get half my house and support , since she was denied am I still responsible for her, can she take half my house?
A:
In cases of divorce and property division, the laws vary depending on the jurisdiction and the specific circumstances of the case. It's important to consult with a family law attorney who can provide advice based on the laws of your jurisdiction.
However, it's worth noting that in some jurisdictions, if a marriage is found to be fraudulent or entered into solely for the purpose of obtaining immigration benefits, it may impact the rights and entitlements of the spouse who engaged in fraudulent activities.
If your wife was denied adjustment of status due to previous tourist visa fraud attempts, it could potentially affect her claims for spousal support or a share of your assets. The specifics will depend on the laws of your jurisdiction and the evidence presented in your divorce case.
To get accurate and personalized legal advice, it's crucial to consult with an experienced family law attorney. They can evaluate the specific details of your situation, review any applicable immigration laws, and guide you through the divorce process while considering the potential impact of the immigration-related issues.
It's important to take action promptly and seek professional legal advice to protect your rights and interests during the divorce proceedings.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
