legal implications of Divorce to somebody who already attained her citizenship. A unique situation.

R

rosejack

New Member
My mother went to US for the 3rd time & fell in love w/ a US citizen who's still married to another woman (Marriage for convenience only), and although they are still living together under one roof, they are not together anymore. In fact, the wife already has her own boyfriend who also lives in the same house. When my Mom’s visitor status expired, she was requested by her boyfriend (the US citizen) no to go back home anymore and stay in the US with him with a promise to marry her after he divorces the wife. But the wife of the US citizen kept stalling the divorce for several reasons: first, after she gets her citizenship; then when she had that, she said after she gets her 2 older children from another country; and when she got them to US, she said after she gets her 3 younger children by another man in another country; and when they were already there, she said just wait a few more months because the government might smell something fishy about their marriage or about her getting all her kids to US. It's been more than 4 years that my Mom & her US citizen boyfriend have been living together, and to this date, her boyfriend has not divorced the wife yet. My Mom’s boyfriend really wants to get a divorce already so that he can marry my Mom who has been taking care of him all these years. But he is so ignorant and (perhaps stupid) because he just listens and follows whatever the wife says or requests. He said that he had promised to take care of the wife when he married her for convenience and he is just doing that. He is ignorant of the immigration rules that he does not know that he can already divorce the wife because she has already gotten her citizenship. What I know is that the wife is stringing the husband along because she is the one managing his finances and pension. She even insured him and she is the beneficiary. I am concerned about my Mom because she has been there illegally for years now and has not been working and merely relying on her savings from back home which is now almost spent. Picture the scenario in their house now. The wife, her boyfriend, all kids of the wife by other men, my Mom and her boyfriend (the husband). It’s chaotic. My Mom feels betrayed at this point because her boyfriend has not kept his promise up to this point. She couldn’t bear to leave him because she loves him and also because now she is left with no choice but to stay because of her status. She wants to get married and have a legal status so she can legally work and earn and save so they can get their own place away from the wife and her gang. What would be the legal implications here if the husband divorces the wife at this point? Does it affect the wife’s children’s legal status if the petitioning was based on the wife’s marriage to the US citizen? Will the divorce affect the citizenship of the wife? How long after the divorce can the US citizen marry my Mom? Will their marriage be able to give my Mom legal status there? Please help.
 
Ill just write a quick response for now.

As soon as the USC becomes divorce, then he will be legally able to marry your mom. Once this is done, he should be able to file (along with your mom) for your mom's AOS. This will allow your mom to adjust her status to that of a permament resident (GC holder) though this cannot be achieved until he is legally divorced and has the divorce decree in hand.

As for the USC's wife...the main implications for her citizenship will be the wait time until she can apply for citizenship. If they are still married 3 years after she gained her GC, then she is eligible to apply for citizenship. However, should they be divorced, then she would have to wait until 5 years after she gained her GC until she is eligible.
 
The latter half of this sentence should not be a reason to be with someone. Your mother can always dump this ignorant man and adjust her status by marrying some other citizen. Mind you, I am not advocating that your mother marry someone just to legalise her status.

rosejack said:
She couldn’t bear to leave him because she loves him and also because now she is left with no choice but to stay because of her status.
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Hi. Thank you for the response. I know you only gave a quick response to this problem, but can you pls elaborate? You see, what I am going to do is to give a copy of this answer to my Mom's boyfriend (the (USC) so that he will know the next actions to take. By the way, the wife has long been a citizen and is just stringing the husband all along saying that the government might question why she brought all her children from another countries just to divorce the husband when they all got here. I know it's really stupid for the husband to listen to these nonsense. I know that he doesn't have anything to do with the wife and what she does with her life as she herself is already a citizen, but he's so ignorant and still tries to help. He also want to help my Mom and marry her but he is waiting and waiting and my Mom is becoming anxious everyday coz it has been years already that they have been waiting. My Mom cannot leave because she loves him so much (actually her 1st and only lover after my father died 12 years ago). So in my Mom's case, it really is love and devotion, as she cannot bear to leave the USC. I have been telling her to just go home and forget about him but she couldn't and it's really unfair for me to meddle with her life that way. I just feel so much for her that I want to help. I want the husband to know his rights and all the legal implications of him divorcing the wife. I want him to NOT believe all the wife is saying about the effects of the divorce. The wife already is living a grandeur life, what with her own boyfriend and all her children there in US with her. What more can she ask for, I don't know, except that I know she is still using the husband because she is the one managing the funds of the husband - pension, savings and even insurance. Pls help. All I want is a detailed answer that the husband is now free to divorce the wife, and that he is no longer responsible for her and that the divorce will not affect her or her citizenship in any way. Thank you very much.
 
Triple Citizen said:
The latter half of this sentence should not be a reason to be with someone. Your mother can always dump this ignorant man and adjust her status by marrying some other citizen. Mind you, I am not advocating that your mother marry someone just to legalise her status.
Click to expand...

Yes, my sentiments exactly. But the thing is, she is stubborn as a horse and cannot be advised against the boyfriend. Seems that she really fell for the boyfriend. But couldn't blame her. I mean, she is my Mom after all and I know what she has been through. She only loved 1 man in her life and that was my father (who passed away 12 years ago but they have long been separated since I was 5 yrs old). No other boyfriends after that, until this USC came along. And now, she is stuck. And I really feel for her. What I want her to do is come home but then that is her life, and if she's happy with him, who am I to stop it? I just hope the USC boyfriend realizes that his wife is just using him and all so that he can already marry my Mom who is the one taking care of him now.

Thanks for the response.
 
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