F1 marrying GC( additional complications)...help please!

I

IrinaV

Registered Users (C)
Hi
i have a F1 visa, my boyfriend got his GC in winter/spring 2010. he got his political asylum and GC through his wife(they got married after her political asylum application, so it took him years and couple of interviews to get his asylum first and then a GC....he had his joint husband/wife GC interview in December 2009). months after receiving his GC(winter/sprind 2010), summer same year he filed for divorce in NY on the ground of not being together for a year and more. questions:

1-will his rushed divorce(especially on such ground) affect his GC status and future application for a citizenship? can he lose his GC or be denied in citizenship?
2-can he marry me, F1 holder, and apply for my GC documents right after his divorce or should he wait?

thank you so much for your help.
 
He got his GC through marriage so he can't sponsor a new spouse for 5 years from the date he became a permanent resident.
 
VisaNutz said:
He got his GC through marriage so he can't sponsor a new spouse for 5 years from the date he became a permanent resident.
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That restriction doesn't apply here. This case was derivative asylum, not a family-based petition based on marriage to a USC or LPR.

Edit: on the other hand, it's not so clear whether his GC was thru asylum or family 2A. IrinaV: Please clarify whether his GC was derivative asylum, or whether his wife filed I-130 for him.
 
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he had his joint husband/wife GC interview in December 2009). months after receiving his GC(winter/sprind 2010), summer same year he filed for divorce in NY on the ground of not being together for a year and more.
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now, that's a red flag. Less than 10 months ago they claimed to still be together, but 6 months later he claimed they hadn't been together for a year....
 
yeah, when I first read OP's post, I read that he got his GC through marriage - now it seems he got his GC as a derivative beneficiary, so the 5-year rule doesn't apply.
 
LucyMO said:
now, that's a red flag. Less than 10 months ago they claimed to still be together, but 6 months later he claimed they hadn't been together for a year....
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so this "red flag"...how much it can affect his status now?
 
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A smart IO can see the dates don't match and can clearly see misrepresentation of material facts during interview to gain a immigration benefit, and put the case in investigation, now all of this will happen if he files for you and at that point he have to provide the divorce decree to USCIS for all of this to happen.
There is also a bright chance that the IO concentrate's on the date divorce was granted and don't read through the details but that's a big if.
 
IrinaV said:
his wife filed I-130 from
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You boyfriend is going to have problems in the near future. He got his GC through the asylum, on the condition that he was still married and living with his wife, but for the mere fact that they were not together for the last year, will reek of fraud. His GC was issued while there were NOT together in reading your post. If he marries you and file for you, be prepared for trouble.
 
IrinaV said:
his wife filed I-130 from
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Make sure you understand what the true situation is. If he got a GC through his ex-wife filing I-130 for him, he can't file I-130 for another spouse until 2015 (5 years after his GC was approved).

But if he got the GC because his ex-wife was an asylee and she added him as a derivative, the 5 year restriction doesn't apply (although the timing of the divorce may raise red flags as LucyMO pointed out).
 
ok, his wife filed for her asylum, then married him, then received her asylum, then filed I-730 for him to get his asylum...then he got his,...and then she filed for his GC(at this point she already had her GC). he doesn't remember but i guess they filed I-130 form, where they had to put her GC information. they've been married for 7 years
 
IrinaV said:
he doesn't remember but i guess they filed I-130 form, where they had to put her GC information. they've been married for 7 years
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She filed something, but that something could have been the derivative GC paperwork or it could have been an I-130. You need to find out for sure which it is, since it makes the difference of whether you need to wait 5 years to be sponsored by him. If you tell us the category code that is displayed on his GC, we can tell you which route he got his GC.
 
Jackolantern said:
If you tell us the category code that is displayed on his GC, we can tell you which route he got his GC.
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it's category AS6

namecheckvictim said:
A smart IO can see the dates don't match and can clearly see misrepresentation of material facts during interview to gain a immigration benefit, and put the case in investigation, now all of this will happen if he files for you and at that point he have to provide the divorce decree to USCIS for all of this to happen.
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this "red flag" situation sounds scary...should the guy maybe wait a year(from the time of receiving a GC) to get married again? or they can file an investigation at any point? will it cause him troubles in 5 years when he applies for a citizenship?
 
Obviously if it will happen it will only start when he applies a I-130 for you, otherwise he is not required to show his divorce decree up until his citizenship time.
 
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