Divorcing from a Fraudulent Marriage to Marry a Different Citizen

I assume that I'm going to be told that I am an idiot for considering this. I probably am! Just the same, I hope someone can help me out with some solid advice on this matter:

I wish to marry a woman who made the ridiculously bad decision to pay an American citizen to marry her. She has yet to receive her immigration interview. We wish to cancel her request for the interview, have her divorce her "husband" and then get married ourselves. She entered the country legally on a tourist visa, then a student visa. Is this possible? Will they assume that the first marriage was a sham since the divorce followed so quickly? Any advice? Thanks...

I have one quick question before we go further, if you don't mind? :)

What's the timeline?

She came to the country...when?
Married him...when?
Filed papers...when?

I might have to check with her for some of this information. I know that she was married in December and filed for her papers soon after. They have not scheduled her interview yet. She has been in the country on and off since 2006, but full-time for I want to say the past 6 months. She had a student visa put opted to cancel it in lieu of getting married to gain citizenship. Does that help?

Have you already found an attorney for your divorce with her down the road? Or are you still looking?

And, by the way, what's the big hurry to marry her? Does she turn into a pumpkin at midnight?

You're being played. She PAID someone to marry, got married this December, and now wants to cancel it all because you're a better bet?

Do NOT do this. Or...okay, here's a better suggestion.

IF you and she are truly in love, she can simply file for divorce, return to her home country and then return - on her own grounds - to the US. She won't ask you (or anyone else) to sponsor her.

See what she says.

I talked to an attorney but haven't had a consultation yet. I don't even know what is acceptable to say to an immigration attorney. Can I tell them the truth about this?

Don't marry this woman. I am 100% sure about that.

Go out with her for a few years and see how things look then.

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Quoting Dogmatique

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You're being played. She PAID someone to marry, got married this December, and now wants to cancel it all because you're a better bet?

Do NOT do this. Or...okay, here's a better suggestion.

IF you and she are truly in love, she can simply file for divorce, return to her home country and then return - on her own grounds - to the US. She won't ask you (or anyone else) to sponsor her.

See what she says.

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Can we assume for argument's sake that I am NOT being played? This isn't even her idea. She is planning on going through with the interview process and gaining citizenship illegally. I just am not comfortable leaving my fate in the hands of some immigration official and am looking for alternatives. She has NOT asked me to do this. I offered.

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Quoting davegod2

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Can we assume for argument's sake that I am NOT being played? This isn't even her idea. She is planning on going through with the interview process and gaining citizenship illegally. I just am not comfortable leaving my fate in the hands of some immigration official and am looking for alternatives. She has NOT asked me to do this. I offered.

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Sure, let's assume that.

She's currently committing fraud. And what she hasn't told you, is that she won't get citizenship immediately. She has to remain married - and I'm an immigrant, I know this - for a certain period of time before she becomes an unconditional permanent resident. And only after that, after a couple more years, would she be eligible for citizenship.

What makes you think that if she's willing to pay and play someone else, she won't do the same?

Remember - what they'll do with you, they'll do TO you. And seriously - do you understand how sponsorship works?

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Quoting Michael44

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Don't marry this woman. I am 100% sure about that.

Go out with her for a few years and see how things look then.

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Holy Hannah, Michael. We're in agreement. I'd buy you a beverage of your choice :)

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Quoting Michael44

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Have you already found an attorney for your divorce with her down the road? Or are you still looking?

And, by the way, what's the big hurry to marry her? Does she turn into a pumpkin at midnight?

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I just realized that I misread this when I answered. Funny. The big hurry is that I wish her to start divorce proceedings BEFORE this interview occurs. And she has an RN license that will expire next year if she does not obtain a green card. I understand that what I am considering sounds foolish, but I really wasn't seeking marriage advice. Just advice about how to proceed legally and the viability of this venture...

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Quoting Dogmatique

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Sure, let's assume that.

She's currently committing fraud. And what she hasn't told you, is that she won't get citizenship immediately. She has to remain married - and I'm an immigrant, I know this - for a certain period of time before she becomes an unconditional permanent resident. And only after that, after a couple more years, would she be eligible for citizenship.

What makes you think that if she's willing to pay and play someone else, she won't do the same?

Remember - what they'll do with you, they'll do TO you. And seriously - do you understand how sponsorship works?

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I admit that I am just learning about these things. But yes, I am aware that it takes some time to gain citizenship. She is planning on joining the Reserves to expedite her eligibility (from 3 years to 6 months). And she didn't play the other guy, it was a financial arrangement (albeit an ill-advised one). What else should I know about sponsorship? Please help me, I am just learning...