Immigration and Divorce

[Tantris]

About 1.5 years go I married a European girl who I had been dating. After getting married we immediatley appiled for her permenant resident status. About six months ago we started fighting and separated, thought did not file for divorce in consideration of her immigration status. In fact I believe she may have been leading me on to take advantage of my citizenship. We are now not speaking so I am not certain, but she may or may not have recieved her provisional greencard. The status was approved, but at the last we spoke, it had not arrived in the mail

Since then I have met a wonderful Mexican girl and would like to marry her. I have thus initiated the divorce by sending an official notice off spearation. What I am curious about is:

1. What will happen to my x-wife after the divroce? How long does she have before she must leave the country? Till the expiration of her provisioanl greencard? Or must she leave immdeiately?

2. Are there special divorce proceedings that have to be taken into consideration when divorcing a non-us citizen in the midst of immigration proceedings?

3. Becasue of my new fiancee's Mexican nationality we would like to marry as soon after the divroce as possible so that she can move here and work. She is a professional in Mexico and would be so here as well. The question is, becasue this is my second marriage to a non-us citizen, with there be problems with the immigration process? Or, will we be given a fair hearing?

4. Does it make a difference regarding the new marriage that my x-wife will not have recieved a permanant greencard and therefore will loose her immigration status?

John

[Al Southner]

Originally Posted by Tantris

About 1.5 years go I married a European girl who I had been dating. After getting married we immediatley appiled for her permenant resident status. About six months ago we started fighting and separated, thought did not file for divorce in consideration of her immigration status. In fact I believe she may have been leading me on to take advantage of my citizenship. We are now not speaking so I am not certain, but she may or may not have recieved her provisional greencard. The status was approved, but at the last we spoke, it had not arrived in the mail

Since then I have met a wonderful Mexican girl and would like to marry her. I have thus initiated the divorce by sending an official notice off spearation. What I am curious about is:

1. What will happen to my x-wife after the divroce? How long does she have before she must leave the country? Till the expiration of her provisioanl greencard? Or must she leave immdeiately?

[COLOR=DarkRed]She will have her greencard for 2 yrs. She will file for removal of conditions on greencard in 2008 is she is approved, but will file separately, if by then you are divorced and she will prove probable cause of why the marriage ended, and if it was bona fide. [/COLOR]

2. Are there special divorce proceedings that have to be taken into consideration when divorcing a non-us citizen in the midst of immigration proceedings?
[B] NO. divorcing non-immigrants has no special considerations



3. Becasue of my new fiancee's Mexican nationality we would like to marry as soon after the divroce as possible so that she can move here and work. She is a professional in Mexico and would be so here as well. The question is, becasue this is my second marriage to a non-us citizen, with there be problems with the immigration process? Or, will we be given a fair hearing?

[COLOR=DarkRed]You cannot sponsor her for a period of 5 years, because you just sponsored a European woman. So, you are screwed big time on this one. Unless you go to USCIS and ask them to revoke the greencard of your x-wife, and you have to show a course, which is she married you to evade the immigration laws of the United States. I believe that if you can show a strong proof that she did this, MAYBE (note maybe), the USCIS could look into the matter more carefully.

Secondly, marrying another wowan within such a relatively short period of time could raise red flags with USCIS, especially if you sponsor her. USCIS could wonder if you are in some form of business of marrying only immigrants or what! I can assure you right now, YOU ARE GOING TO HAVE BIG BIG BIG problems with USCIS if you sponsor YOUR NEW MEXICAN CHICK. [/COLOR] 4. Does it make a difference regarding the new marriage that my x-wife will not have recieved a permanant greencard and therefore will loose her immigration status?

[COLOR=DarkRed]Did she receive the greencard or not? IF she did, then you are screwed once more. [/COLOR]
John

John....

[yahayajp]

Originally Posted by Al Southner

John....

john explain this
i dont think that,s true, as long as u are a citizen u can marry and file for anybody at anytime.where in the law or on which uscis web site did u see that one can only sponsor a spouse once in every 5 years,

[NeShawn]

Here is a website that might answer your question:

http://experts.about.com/q/Immigrati...uences-1.htm#b

Hope that all goes well in your life.

[Tantris]

Since I don't know where she is and she won't return my call, is there any way I can find out if she has recieved the greencard as yet?

John

[Tantris]

Also, is there any way I can contact immigration and notify them that I have filed for a divorce so that they do not send the provisional greencard?
John

[NeShawn]

You can always call the USCIS toll-free number to find out about your case. 1-800-375-5283.

[Al Southner]

Originally Posted by yahayajp

john explain this
i dont think that,s true, as long as u are a citizen u can marry and file for anybody at anytime.where in the law or on which uscis web site did u see that one can only sponsor a spouse once in every 5 years,

Well... maybe you want to try to marry someone and divorce them within 2 years and sponsor another person, please go ahead and try it and see what is going to happen. It is very simple, USCIS is concerned about immigration fraud in marriages of USC and non-USC, so unless you want USCIS to get the FBI to turn every record and financial record you own, I'd advise you to thread carefully on marrying an immigrant, sponsoring them and divorcing them with the hope of marrying someone else. There are people who marry each other to evade immigration laws of Uncle Sam, so if you want to add gas into a raging fire (USCIS), then go ahead..

There is a policy guidelines to this effect, the fact that I cannot provide you with a link or reference doesn't make this null and void. As for JOHN, I'd advise you to go the local USCIS DO and find information regarding your wife's case. As a USC and a petitioner, you have a right to know and access her record, after all, she is your spouse. Just make an info pass and ask to speak an officer about her case, I believe that they will tell you all the information u need to know, so get off your butt and find new information.

If I were you, will shelve the idea of marrying some now, because you already established your previous marriage as bona fide and you will face the same burden this time around, proving a bona fide relationship with your new Mexican girl, and I can assure you that USCIS will deny your petition. It is a rare occassion for a man to establish two bona fide relationships within a space of 3 years. Let alone for immigration purposes, unless you have a super quick divorce, which is unlikely.

Advise: thread carefully and think about your options in an objective manner..

[Tantris]

I'll check on her greencard status tomorrow.

Well, here is a question then. Can I get divorced, then married again and not apply for a greencard with my Mexican bride? We can live in Mexico or Europe and apply for the greencard after the five year wait expires?

John

[Al Southner]

Originally Posted by Tantris

I'll check on her greencard status tomorrow.

Well, here is a question then. Can I get divorced, then married again and not apply for a greencard with my Mexican bride? We can live in Mexico or Europe and apply for the greencard after the five year wait expires?

John

Tantris,

I believe that you can marry your beautiful mexican girl and live in Europe. Yes, you can file for the necessary paperwork prior to end of the 5 year period. I am still searching for this policy guideline and will post it once I find it. Also, if you live in Europe for a couple of years, I believe that you still have tax obligations to Uncle Sam, so check this, I am not sure. I don't pay any taxes on my income, so I don't know on this one. However, since Uncle Sam likes to bite people's butts with regards to taxes, you want to check.

Yes... the sooner you go and see whether your petition for her greencard is done, the better you can be in a position to explore all your options. Also, please find out about this 5 years restrictions on sponsoring another immigrant, because USCIS employees should have these memo or policy guidelines on hand and will advise or provide you with a copy. I read about this somewhere, hence I believe there is a restriction on this issue.

good luck....

[candyattitude]

there is NO 5 year wait period, if you are the USC. the 5 year period is ONLY for those who got a LPR card through marriage and intend to divorce the person who sponsored them and then marry and sponsor someone else. they have to wait 5 years before they can sponsor someone else.
however, your case maybe under more scrutiny and you may have a tougher interview (more questions, harsher officer etc.). but that depends on the officer of course.