Immigration Fraud: The Greencard Marriage & Divorce
In New York, as well as the rest of the country, it is illegal to get married just to get a green card. That is considered fraud and it’s a basis for annulment if the citizen spouse later finds out that the noncitizen spouse only married him or her for a green card.
Usually though, both parties are aware of the law and still decide to go ahead with a “green crard marriage.” Later, assuming that they were able to get past the strict INS interview and successfully obtain the green card, they may want a divorce and wonder how to go about it. The answer is the same way that someone who got married for real would. Chances are, this will be an uncontested situation, and there will be no kids. Nor will there be issues of equitable distribution, unless this is an “unconventional green card marriage.” All that is required is service on the other spouse who will sign a waiver. And if all goes well, the judgment should be signed in as little as four weeks.
One caveat: Be careful about getting caught in this fraudulent transaction as it could land you in a detention facility and then, deported, if caught.