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Kelly McPherson - Child Custody Attorney in Colorado Springs

Written by Kelly McPherson

Can I get my spouse deported?

When a marriage breaks down, citizen spouses often times look for quick ways to get rid of their alien spouse and diminish their exposure of financial support to the immigrant spouse or to gain leverage over parenting time issues.

Often times, citizen spouses attempt to do this via contacting the INS and request that their spouse be deported based upon marriage fraud. In most cases, this action is not helpful to either spouse and rarely achieves the desired results. Citizen spouses must be aware that they could face criminal liability under 18 USC 1001, for a marriage fraud allegation if they had any knowledge of the immigrant spouse’s intent to marry to gain legal permanent resident status and participated in the “sham” marriage.

If there has been a history of domestic violence during the marriage, there is a provision under the Violence Against Women Act which allows for an immigrant spouse to stay in the United States if they have been subjected to cruelty or abuse. Sometimes the very vehicle that you have used to attempt to get your spouse deported can be used against you to establish a reason why the spouse should be granted legal status within the United States.

If true fraud exists, this is a valid reason to pursue an Invalidity of Marriage action in Colorado.

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