change of sponsor

[ajleekha]

i know someone.. (yeah yeah.. we all do)..

she came here legally.. overstayed, had F1 denied.. still managed to complete her masters degree.. was illegal for about 12 months.. married a citizen.. was a legitimate marriage.. filed papers... and got a temp greencard.. ead etc..

now.. she is split with her husband.. he filed for divorce.. and the case is pending.. meanwhile.. the interview for her and her husband is july 2008. 1 more year.. she doesnt think he will cooperate..

she is dating another guy now for a few months now.. much happier.. he is a US citizen and she is pregnant with his child.. the guy couldnt be happier.. is there a way for her to swap out the old hubbie.. and get divorce.. (he filed).. marry new guy.. and keep her file in progress?

or will the divorce effectively kill her file.. and she must start all over.. and risk deportation also..

plz advice..

[Brenglen]

Your friend is in deep waters to be honest, If he doesn't show up to the interview and the Divorce is Filed then her Green Card will be terminated AKA Deportation.

For this new guy, If the divorce is final, she should file the "I-751" Remove the Conditions of Residence, then once thats complete then she can NEWLY apply with the another guy...thats if she is married with him.

See my Mother didn't apply for the I-751 when she got a divorce, we sure did move back to our orignal country, allowed back in, she got married to another american and well I then re-applyed for a Green card with a new sponser ( the new step-father) and got denied because I didn't remove my residence and now i am appealing it and going though a loop-hole. I don't think she would want to be in the same position I am.

[Triple Citizen]

Ajleekha,
By "temp green card" do you mean a 2 year GC? Your post is confusing since you mention EAD right after "temp green card". Please clarify the situation so that you may be better advised.