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First, I have not stated that the person is anything. Nor did I bring up deportation - my guess was a reply to what had already been guessed.
And appearantly, yes, you do agree with me. There wasn't enough info in the OP. That's exactly what I said.
I am guessing, as we all are. And from my point of view, we are all basically saying the same things here.
Everyone that has replied has had to make guesses. That does mean that we do not have enough info on this. No one here has been able to definitively answer the question. We cannot give a clear cut answer as to what to do next or how to do it.
We can guess that yes, she can divorce and re-marry. But can we say for sure without knowing her exact status and the circumstances around how they applied for a GC in the frist place?
Let's phrase it like this: Say this person goes to a lawyer and gives him/her ONLY the information we've been given. Does anyone think the lawyer would give a clear cut answer as to what exactly to do next without asking for atleast some more info?
Do we really want the OP to tell his/her friend to do this or that, because some people on C-D guessed this is possible or this is what we're supposed to do.
If we care about the OP's friend and what happens to her, we don't want to mess up her chances of getting approved by guessing and guessing wrong. I'm not asking for more info to be difficult, I'm asking because I do not believe that the OP will get the correct answer without us actually knowing what we're talking about.
No you didn't, I was not referring to you on the illegal immigration.
can i marry again to another guy even my green card are still 2 years?is it not hard to apply for 10 years green card if i marry again?
What is the rush? If you came to the USA on a spousal visa from man A, and get divorced, you can remove the conditions on your greencard alone, but you must be able to show you married him for bonafide reasons, not for immigration. Once that is done, you have plenty of time to think about a second relationship.
First, I have not stated that the person is anything. Nor did I bring up deportation - my guess was a reply to what had already been guessed.
And appearantly, yes, you do agree with me. There wasn't enough info in the OP. That's exactly what I said.
I am guessing, as we all are. And from my point of view, we are all basically saying the same things here.
Everyone that has replied has had to make guesses. That does mean that we do not have enough info on this. No one here has been able to definitively answer the question. We cannot give a clear cut answer as to what to do next or how to do it.
We can guess that yes, she can divorce and re-marry. But can we say for sure without knowing her exact status and the circumstances around how they applied for a GC in the frist place?
Let's phrase it like this: Say this person goes to a lawyer and gives him/her ONLY the information we've been given. Does anyone think the lawyer would give a clear cut answer as to what exactly to do next without asking for atleast some more info?
Do we really want the OP to tell his/her friend to do this or that, because some people on C-D guessed this is possible or this is what we're supposed to do.
If we care about the OP's friend and what happens to her, we don't want to mess up her chances of getting approved by guessing and guessing wrong. I'm not asking for more info to be difficult, I'm asking because I do not believe that the OP will get the correct answer without us actually knowing what we're talking about.
When you get married to a US citizen you get a conditional green card
and before 2 yr anniversary you have to remove conditions Failure to do so
will make you deportable
I'm going to try and make all of this make sense. I completely understand what the original question is because I am in the same position...
My boyfriend is married to a US citizen. He applied for his green card with her after being married for several years. During the process, he discovered that she was pregnant with another man's child. He decided to remain married to her since he was in the middle of the application process. Due to the obvious tension and problems they were having, she didn't get his paperwork turned in on time. His application was denied simply because the deadlines weren't met.
He is currently here on a K3 visa that expires next year. He is still married to this woman, but they have been separated for nearly a year. He wants to divorce her, marry me, and reapply for his green card. This is not a sham, not a way to acquire a green card, it is an honest relationship that would end in marriage regardless of immigration status. Is this a possibility? Is this something that USCIS allows? Any advice or direction would be greatly appreciated!!
He is currently here on a K3 visa that expires next year. He is still married to this woman, but they have been separated for nearly a year. He wants to divorce her, marry me, and reapply for his green card.
It is "sort of" possible. As a K3 holder, his only way of adjusting status and getting a greencard is through the original petitioner, and obviously this isn't going to happen now. However, the good thing is he hasn't done anything wrong/ illegal yet. He can divorce her and marry you, then you petition him for a CR-1 spousal visa (the K3 is obsolete now). He can stay as long as his K3 is valid, but must leave at the end of it, or when it is time for his medical and interview in his home country, whichever comes first. There WILL be a lot of questions about the quick divorce and re-marriage, so make sure you have a lot of bonafide relationship/ marriage evidence (photos together, proof of living together if you are, co-mingling of finances etc). If the soon-to=be ex is willing, a statement from her as to why the marriage broke down (or a paternity test on the kid) could help too.
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