Chicago, IL asked in Immigration Law for Illinois

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?

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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You need to schedule a consultation with a family law attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

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.

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