Marriage and Expired Visa

[tmchand]

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?

[Dogmatique]

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.

[tmchand]

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

[Dogmatique]

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 )

[tmchand]

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?

[Dogmatique]

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?

[tmchand]

She did not file the petition until after his charge for being here on an expired visa (at the advice from legal counsel). But she did it herself. They separated shortly thereafter. She put him out and he returned to Texas. He interview/court date was set for sometime, maybe a week later, after she put him out. But she did not tell him tell after the fact of her putting him out. He did make an appearance like in the summer of last year. He said that they just gave him another court date. They really have not spoken since then. As it stands all of his correspondence from immigration goes to her in Atlanta.

[Dogmatique]

She did not file the petition until after his charge for being here on an expired visa (at the advice from legal counsel). But she did it herself. They separated shortly thereafter. She put him out and he returned to Texas. He interview/court date was set for sometime, maybe a week later, after she put him out. But she did not tell him tell after the fact of her putting him out. He did make an appearance like in the summer of last year. He said that they just gave him another court date. They really have not spoken since then. As it stands all of his correspondence from immigration goes to her in Atlanta.

I think we're getting confused here.

If she filed a petition, they would be required to attend an interview together - not in court, but with Immigration. This is just part of the process and would typically happen within about 6 months from receipt of the petition.

What you've described is actually a court proceeding relating to his expired visa - if I'm understanding correctly, his court proceeding has been adjourned until another time and he and his ex did NOT attend the interview with Immigration, yes?

[tmchand]

I guess I am saying interivew and court hearing. To be honest I'm not sure of what it should be called. I do not think they attended the interview because she had already put out him out. When he went to Atlanta last year, she went to the proceedings with him. From that hes was given another appearance date that is coming up in March.

[Dogmatique]

I guess I am saying interivew and court hearing. To be honest I'm not sure of what it should be called. I do not think they attended the interview because she had already put out him out. When he went to Atlanta last year, she went to the proceedings with him. From that hes was given another appearance date that is coming up in March.

So the petition has probably been abandoned. This won't really affect YOUR filings but one thing I advise ANYONE in this situation is to think very, very carefully about sponsoring a new spouse. Don't rush to get married - and certainly don't rush in order to legitimize someone's presence in this country.

Sponsoring someone is a very big commitment - it can affect you for the rest of your life even if you get divorced. You may be liable to support your spouse, should you get divorced, financially for a long, long time.

With that said - has he actually filed for divorce yet?