Friend is now separated...can he still get GC?

L

Lcsd114

Registered Users (C)
My friend from high school in the UK attended my wedding here in 2000. Whilst here, he met a girl and they married in 2001. He came on a Visa Waiver and married within a month. Amongst other things wrong with her is the fact that she spent every penny they made, so he never had the funds to get a Green Card. They had a daughter in 2005. Now they are separated and he needs to be able to stay for the kids (his and her son from a previous relationship.) My questions are as follows...

Can he still get a Green Card?
If he doesn't have his won income, would he qualify for the fee waiver on that?
Can he work with his tax id #?
How would he start the process?

Any help would be great as he is floundering right now.
Thanks.
 
Is he still in the US, or did he go back to the UK? Are they going to reconcile, with her agreeing to live together with him again?

No, he cannot get a fee waiver for a marriage-based case, and he cannot work legally in the US with just a tax ID, he'll need other work authorization papers like EAD or a green card.
 
K

Yeah, maybe in about 15 years, when she's no longer a minor and can sponsor him. Patience will be key and he should avoid getting apprehended in the interim.
Lcsd114 said:
What about through his daughter. She's a citizen. Doesn't that make it so he can get his GC?
Click to expand...
 
Lcsd114 said:
What about through his daughter. She's a citizen. Doesn't that make it so he can get his GC?
Click to expand...

His daughter would have to be 21 to sponsor him. And because of various court rulings in the past few years, most visa waiver overstayers are being denied even if they're the spouse or parent of a USC.
 
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