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  1. #1
    Join Date
    Jan 2010
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    Default Marriage and Expired Visa

    I would like to marry someone in Texas. He came here on a one entry visa. It has since expired; but before it expired he married someone. After the marraige he was arrested for being in the country on an expired visa. His wife started the paperwork to apply for his permanent residence. They are separeted but not divorced. He had an appoinment/ court date with Immigration that he missed because they are estranged. She now lives in Atlanta. Can he divorce her and marry me, then I can apply for him to stay legally?

  2. #2
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    Apr 2009
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    Default Re: Marraige and Expired Visa

    Quote Quoting tmchand
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    I would like to marry someone in Texas. He came here on a one entry visa. It has since expired; but before it expired he married someone. After the marraige he was arrested for being in the country on an expired visa. His wife started the paperwork to apply for his permanent residence. They are separeted but not divorced. He had an appoinment/ court date with Immigration that he missed because they are estranged. She now lives in Atlanta. Can he divorce her and marry me, then I can apply for him to stay legally?

    Yes, you can - but with his history I strongly urge you that when the time comes, to use an immigration attorney.

  3. #3
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    Jan 2010
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    Default Re: Marraige and Expired Visa

    What about the paperwork she already submitted as his wife for him? Will that have any affect on what I am trying to do?

  4. #4
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    Default Re: Marraige and Expired Visa

    Quote Quoting tmchand
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    What about the paperwork she already submitted as his wife for him? Will that have any affect on what I am trying to do?

    If he didn't attend the interview, the likelihood is his petition is considered abandoned.

    However - what's the timeline here?

    When did he enter? Meet his wife/get married?

    (There's a reason I'm asking )

  5. #5
    Join Date
    Jan 2010
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    Default Re: Marraige and Expired Visa

    He came in 2006. I believe he meet his wife and married her in 2007. They were married two months after he meet her. Is there anyway to check to see if the case is abandoned without her?

  6. #6
    Join Date
    Apr 2009
    Location
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    Default Re: Marraige and Expired Visa

    Quote Quoting tmchand
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    He came in 2006. I believe he meet his wife and married her in 2007. They were married two months after he meet her. Is there anyway to check to see if the case is abandoned without her?

    Thanks!

    Next questions:

    When did they file the petition, and when did they separate?

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