divorce before AOS

[elkfarmer 4]

I am the US citizen and my wife came here on CR-1 visa. I think I was used. She started running around as soon as she got here. Men, internet, phone calls, partying without husband, meetings.... We are now seperated but marriage just barely hanging on. If I divorced this woman before the AOS in 2011, would she and her two boys be sent back to Colombia?

[JordanP 0]

I am the US citizen and my wife came here on CR-1 visa. I think I was used. She started running around as soon as she got here. Men, internet, phone calls, partying without husband, meetings.... We are now seperated but marriage just barely hanging on. If I divorced this woman before the AOS in 2011, would she and her two boys be sent back to Colombia?

My understanding is that the one exception which would allow her to stay if the marriage doesn't endure the conditional period would be in the case of domestic violence, meaning, if you were abusive to her she may be allowed to stay in the U.S. in the event of a divorce. I believe cases like this are reviewed on a case by case basis. From what you are saying, it sounds like the marriage was not ever a bonafide marriage and is a marriage of convenience, in which case, she'd have to go back.