What happens if I am out of status and divorce a US citizen? 3 Answers as of January 10, 2011

I have married a US citizen while being out of status (overstay of tourist visa) 3 years ago. We have NOT filed with USCIS. Are there any immigration concerns for me if we divorce? I do not plan on filing with the USCIS.

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Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, an immigration detainer could be lodged against you and removal proceedings commenced.
Answer Applies to: Virginia
Replied: 1/10/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will continue in your out of status classification and can be picked up and removed at any time. Marriage to a U.S. citizen is one of the few categories which will allow you to obtain a legal status and overlook your out of status time but you don't want to stay in a bad marriage just for papers.
Answer Applies to: California
Replied: 1/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Based on the facts you state you are currently illegally in the U.S., regardless of whether you are married to a U.S. Citizen. Therefore, your divorce is irrelevant to your immigration status. You are out of status and illegally in the U.S. now and will be when you divorce.
Answer Applies to: California
Replied: 1/10/2011
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