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Old 09-16-2013, 06:55 AM
 
40 posts, read 49,734 times
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So, I've a friend from Latin America who moved here to the U.S. to marry his college sweetheart.

They dated in college 20 years ago, they broke up and she subsequently met and married a U.S. citizen and that marriage ended after several years and she is now a divorced U.S. citizen raising her children here in the U.S.

Fast forward... she reconnects online with my friend (her old college boyfriend)...and they begin a long distance romance. After a few years, they decided he would move here and they married upon his arrival and began the process of his permanent U.S. residency.

Now they are struggling in that marriage - he has evidence she has been cheating, so it looks like he may need to return to Latin America if the marriage fails.

His local U.S. employer likes the quality of his work and he has explained the situation to them - that he may be leaving. I looked into the possibility for him of work sponsorship, he has a masters degree, but not sure how that would translate to permanent residency. Yes, I have read through the links...but wondering if anyone has an opinion or feel of how ornery this process is (sponsorship for permanent residency through employment)? Thanks, F
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Old 09-16-2013, 06:57 AM
 
40 posts, read 49,734 times
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Edited to add - I am asking on behalf since his knowledge of English is weak and my command of Immigration is even weaker (citizen by birth, never dealt with these questions before)
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Old 09-16-2013, 09:44 AM
 
Location: Bike to Surf!
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How long have they been married? He should have a conditional Green Card now, via the marriage. If he can stay married to the 2-year mark, then he can have the conditions removed and his divorce won't affect his residency.

H visas are not great. They are very limiting and insecure. He should try very hard to get his Permanent Residency through his marriage first before exploring any other options.
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Old 09-16-2013, 11:51 AM
 
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They have been married over two years, I believe somewhere he read that the INS does not consider it a true marriage unless it lasts at least 5 years.
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Old 09-16-2013, 12:31 PM
 
Location: Charlotte, NC
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If the position requires a masters degree, then he could get a EB-2 green card (the position must require the masters degree, if the position doesn't require it it doesn't matter if he has one). The category is current for all countries not named India, but he will need to have a visa first (H1B or similar), or stop working until it's approved. Not ideal.

If he already has a green card he should try to remove the conditions asap (I'm pretty sure it's after two years, but the USCIS page should have the exact information). Once the conditions are off he can stay no matter what happens to the marriage. If he can storm the marriage just long enough to have an unconditional green card I think it's worth it.
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Old 09-16-2013, 12:50 PM
 
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He can file ROC married or divorced as long as he can prove that he entered the marriage in good faith.
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Old 09-16-2013, 01:06 PM
 
Location: Bike to Surf!
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Like Threestep said, he can remove the conditions from his Green Card so long as they were married for over 2 years. That's his best option.

The removal of conditions is an easy process and doesn't usually involve an interview or anything. I think, at most, he only needs his [ex]wife's signature.
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Old 09-17-2013, 06:08 AM
 
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He has conditional residency - so you are saying that that path to permanent residency involves a simple filing? (ROC?) not sure of the term - he is working to save money for a lawyer for help with all this. thanks
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Old 09-17-2013, 06:58 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 58,410,008 times
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The information to remove the conditions is here along with the forms to be downloaded. He's eligible after two years of marriage and there is also provision for the marriage having ended. He doesn't need a lawyer for this.

USCIS - I-751, Petition to Remove the Conditions of Residence
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Old 09-17-2013, 09:07 AM
 
Location: Bike to Surf!
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Quote:
Originally Posted by Footloose77777 View Post
He has conditional residency - so you are saying that that path to permanent residency involves a simple filing? (ROC?) not sure of the term - he is working to save money for a lawyer for help with all this. thanks
Yep. See Threestep's post. All he needs to do is spend 2 hours reading and filling out the forms, and send them in. Most likely he'll get his 10-year green card in the mail after a few weeks. Then his residency will no longer be tied to his marriage. (It isn't really now, as other's have stated. He can do this even if he gets a divorce, but it's probably easier and safer to do it now.)
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