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Applying for a Marriage-Based Green Card When You Intend to Divorce

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  • 04-04-2017, 06:20 AM
    Summit2017
    Applying for a Marriage-Based Green Card When You Intend to Divorce
    Thank you in advance for reading and all advice given! Will seek lawyer for case later.

    Situation:
    -Brazilian woman married April 2016 in Texas to US man.
    -Did not apply for green card immediately.
    -Status as B2 lapsed in December 2016.
    -No longer loves US man and wants eventual divorce.
    -Wants to stay in US.
    -Woman, and consenting man, considering applying for green card in April 2017.
    -Woman wants to marry another US man she has legitimately met.

    Questions:
    -What has changed for her situation under Trump?
    -Will her green card application now get her deported?
    -Will her green card application have the chance to be approved?
    -How will divorce affect a 2 year green card?
    -How long after the approved temporary green card is issued can she divorce?
    -Is it safer for her to divorce out of status and remarry and immediately apply for green card?
  • 04-04-2017, 07:14 AM
    flyingron
    Re: Married but Out of Status - Gc App Now, Divorce Later
    This was immigration fraud before Trump and it isn't likely to improve after Trump.
    She can get deported whether or not she makes an application.
    Don't know, this isn't the HOW DO I BREAK THE LAW AND GET AWAY WITH IT FORUM.
    Evidence that the marriage (divorce or otherwise) was not bona fide, but rather an attempt to commit immigration fraud can certainly lead to recovation of residence status (even before the conditional green card expires, but it certaily will be looked at then).
    There's no magic time limit that makes immigration fraud legitimate.
  • 04-04-2017, 07:19 AM
    Summit2017
    Re: Married but Out of Status - Gc App Now, Divorce Later
    The woman legitimately entered into the country with a work visa. She was working in the US for years prior. It expired, she reentered as a visitor, but that was after her marriage. The intent isn't to break the law. Bad choices were made. The forum is here to see what legal options exist.
  • 04-04-2017, 08:55 AM
    Mr. Knowitall
    Re: Married but Out of Status - Gc App Now, Divorce Later
    Why wouldn't she divorce her husband, marry her new U.S. citizen boyfriend, and seek permanent residency through her new spouse.
  • 04-04-2017, 01:49 PM
    Summit2017
    Re: Married but Out of Status - Gc App Now, Divorce Later
    I am a layman. How will that be the best step in this situation?
  • 04-04-2017, 02:31 PM
    Dogmatique
    Re: Married but Out of Status - Gc App Now, Divorce Later
    Quote:

    Quoting Summit2017
    View Post
    I am a layman. How will that be the best step in this situation?


    Your friend needs to speak to an attorney.
  • 04-04-2017, 07:08 PM
    Summit2017
    Re: Married but Out of Status - Gc App Now, Divorce Later
    I agree. Best guess for the conversation would be helpful in the meantime and help set a more fruitful discussion with a lawyer.
  • 04-04-2017, 07:28 PM
    Dogmatique
    Re: Married but Out of Status - Gc App Now, Divorce Later
    That's not really the focus of this (or any other) forum.

    We obviously don't have the case in front of us, and most responders are not attorneys to begin with. This is also true of the other forum. General information is one thing, but going into great detail and theoretical possibilities is another thing entirely.

    I trust you understand where I'm coming from.
  • 04-04-2017, 08:58 PM
    Mr. Knowitall
    Re: Married but Out of Status - Gc App Now, Divorce Later
    Quote:

    Quoting Summit2017
    View Post
    I agree. Best guess for the conversation would be helpful in the meantime and help set a more fruitful discussion with a lawyer.

    If you don't know enough about the situation to answer the simple question I asked, you don't know enough to ask helpful questions about the situation -- and you should simply tell this person to consult an immigration lawyer.
  • 04-05-2017, 10:43 AM
    Summit2017
    Re: Applying for a Marriage-Based Green Card When You Intend to Divorce
    Quote:

    Quoting Mr. Knowitall
    View Post
    Why wouldn't she divorce her husband, marry her new U.S. citizen boyfriend, and seek permanent residency through her new spouse.

    Fear of the unknown, severe clinical depression, medical issues.
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