Q: I am a 59 year old American man who married a Chinese woman from china, she is 54,
She came to the usa in 2019 on a K1 visa, we were married and applied for adjustment of status, we received a deny notice in April 2022 due to previous visa fraud issues on her part which I was unaware of, in September 2022 we received final denial of her AOS, once I explained to my wife what our options were she became a very different person and down right angry at me blaming me for her mistakes, now she has said she would not return to China and says she needs a divorce so she can pursue her own green card and life in America, I have turned her in to immigration but have yet to hear anything back. I'm pretty sure she scammed me from the beginning to gain access to usa, she has said a few times here recently she does not need me without the green card and could get one without me and wants a divorce, I told her I would give her the divorce once she was back in china, she refuses to go and said I cannot make her. I don't know what to do or what type lawyer to talk with. Please help
A: Ideally you should hire an attorney who practices both immigration and family law. This way the attorney will be able to make sure the grounds for the divorce are appropriate (limiting your wife's ability to sponsor herself for a green card) and protect you as to any potential spousal support related to the affidavit of support you submitted during the green card process (just in case she tries to get spousal support in the divorce or federal court). Best wishes!
A: You should file for divorce and be thankful that you found out that this woman was a scam artist as early as you did. Based on the information you provided, it would be almost impossible for her to procure a green card through marriage to another US citizen. She’s toast.
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