Immigration question please help

[JCHARITY9]

I have a friend that came to the US in 2000 on a student Visa..MARRIED HUSBAND #1 on 7/02 he divorced her 03/2003..Not sure if she filed for Status..Met Husband #2 got pregnant she had the baby whom is now 7 that was borh July/03.. Graduated from College Dec2005 Student Visa ended.. Married Hubby#2 which is baby father on 07/06..I believed she filed for status and received a conditional green card because she has a job and A S.S#....2008 she left and moved out from with husband#2.. I think her Conditional green card is about to exp if it hasnt already has...She is about to have an I751 interview in which husband #2 has to attend...She might have pics and all the necessary info inorder to not be denied seems like she did her homework..I think whats going to hurt her is that they both live seperately and don't have any current stuff together like pics etc...Do u think she still has to prove anything on her first marraige?..Like for example if she ended the marraige in good faith?..Also she asked hubby#2 to appear at the interview with her as if they were still happily married and living together..Hubby#2 will probably acompany her because he wants his daughter to stay into the US...she also refuses to divorce him..Do you think this will raise a red flag for Immigration if she trying to recieve the 10 yr green card?..Do you think she will have to prove that her first marraige was bonnifide(good faith)?

 

[namecheckvictim]

The problem is not Husband#1, it's going to be Husband #2, you never know if #2 goes to the interview tells them the truth when they are separated at the interview and he just might do that because in this case, she will be in hot waters with USCIS and he will easily win the custody of the child, as there is no judge that will grant custody of a US Citizen child to a person who is about to lose legal status and possibly face deportation proceedings.
Tell her to be smart, come forward with the truth because evidently she got a legit marriage and more than likely she can get a waiver without the help of #2 rather than playing happily married husband and wife. She has a child from this marriage and it sounds like all the other papers to win a waiver.
Since she never got a status out of #1, USCIS will not be interested in looking into that marriage.

 

[Jackolantern]

USCIS won't be interested in husband #1. She had a child with husband #2 (she should bring the birth certificate to the interview), so she will get the I-751 approved easily if she tells the truth.

What they should NOT do is try to pretend that they are still living together, as getting caught in a lie like that will get her deported and he could be put in jail for immigration fraud. The interviewers for marriage-based cases have a suspicious eye and they are good at catching lies.