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  1. #1
    Join Date
    Apr 2017
    Posts
    5

    Default 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?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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.

  3. #3
    Join Date
    Apr 2017
    Posts
    5

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5
    Join Date
    Apr 2017
    Posts
    5

    Default 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?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  7. #7
    Join Date
    Apr 2017
    Posts
    5

    Default 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.

  8. #8
    Join Date
    Jun 2017
    Posts
    4

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

    But still no matter what she should not try to get into a marriage that she intends to divorce. There are always better solutions out there.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

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

    Please stop digging up two month old threads to put your two cents into.

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