Divorce & Remarriage Near Beginning of Process

fla-native

New Member
I have a very complicated situation. I'm a native-born US citizen and in love with someone who is already married to a US citizen and applying for change of status. I've known her for as long and she's known her husband. She intended to stay married with the first husband, but has recently fallen in love with me. They have only been married about 2 months, so if she gets an annulment or divorce and marries me, how will it affect her application process?

She has submitted the change of status and just had her fingerprints done, so I think it is still early in the process. Another complication is that the age difference with the first spouse is 36 years, but with me it is only 23 years. Would a divorce and remarriage now ruin her chances? Is there any way to mitigate the damage or do we need to just wait until she gets her green card?
 
Would a divorce and remarriage now ruin her chances?

Possibly. Multiple marriages within a short span alongwith the age differences could be viewed by USCIS as marriage solely to get a green card. It may not be as simple as getting a quickie divorce and re marrying. Legal paperwork takes time no matter what.

Whom she wants to be married to and whom to divorce is a personal matter. She needs to be prepared for scrutiny either way. What visa did she enter the US on and how long has she been in the US?
 
If she proves her first marriage was bona fide marriage she can maintain her green card.
But in order to do that she has to first obtain her green card.
I think with the age difference in the first marriage it's already hard to prove her marriage is an honest marriage. And from what you said it's obviously is not.
If the first husband knows about your relationship and he is not approv if it he can easily stop the green card process.
They have to attend an interview and respond to the questions the officer asks them honesty.
I am not sure how she think she can answer those questions if she thinks of leaving her hasband very soon.
 
Whom she wants to be married to and whom to divorce is a personal matter. She needs to be prepared for scrutiny either way. What visa did she enter the US on and how long has she been in the US?

She came on a student visa. Her company in her home country sent her here to take some classes last year and we met at that time. She went back to her country for a few months and came back on her student visa just 3 or 4 moths ago and is taking classes. She was already engaged to someone she met at the same time as me and told me she intended to stay with him, then they married a couple of months ago, but now we are in love and things have changed.
 
From an immigration perspective, she has to decide whether she wants to remain married to her current husband and go for the green card and face whatever scrutiny that comes her way. But if she is no longer committed to her current marriage and wishes to end it, she would not be entitled to a green card and would be best for her to withdraw the AOS i485 application. Subsequently, she'll have no choice but to divorce. That's a decision she obviously would make with her husband.

What is her country of origin? Certain nationalities tend to be flagged more than others and are scrutinized more closely.
 
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