Thoughts so far

S

shanep

Registered Users (C)
While I was going through a divorce I met Who is my current wife time line is as follows
3/09 seperated from wife of 17 yrs
8/09 Met my current wife
2/10 divorced finalized
8/10 my currents wife divorce finalized
9/10 married my current wife
I am now looking into starting her process to get green card
She came here in 8/07 on tourist visa b2 i believe
of course she is out of status now.
Problem I am having right now is getting bank account, ID or anything with her married name on it as everyone wants to use her name that is on the el salvador id she has.
I have her married name on our lease we signed together. Bank used her el salvador id name. Will uscis understand this or will i need to do something else.
Her divorce decree gave her maiden name back and our marriage allows her to take my name which is what we want
Also on all the forms we use her married name (my name) correct or would that cause confusion.
 
First things first. Are you a citizen? Who was she married to before and for how long? Was this an old marriage to someone back in El Salvador? Did she have a fake greencard marriage that did not work out?

Is there a big age difference between you? You need to concentrate on relevant issues first and foremost.

The whole name business is not important to her immigration situation and can wait to be sorted out later.
 
I was born in louisiana so I am a US citizen
She was married to an el salvadorean who she came here with her on tourist visa back in 2007.They were married for 7 years.;They both overstayed
She got her divorce in US in 8/10. She is 32 I am 38.Unfortunately she looks 25 and i look 45 we get a lot of looks cause of this.
Appreciate your and everyone who posts here help I have been reading for 2 weeks trying to understand all of this before i send anything to uscis
 
shanep said:
I was born in louisiana so I am a US citizen
She was married to an el salvadorean who she came here with her on tourist visa back in 2007.They were married for 7 years.;They both overstayed
She got her divorce in US in 8/10. She is 32 I am 38.Unfortunately she looks 25 and i look 45 we get a lot of looks cause of this.
Appreciate your and everyone who posts here help I have been reading for 2 weeks trying to understand all of this before i send anything to uscis
Click to expand...

The good news:

In that case, you can do the concurrent filing route. That is the I-130 from you for her along the G-325A's for both of you along with her I-485, I-765 and supporting evidence. Forget the I-131, as an overstay, she cannot travel abroad until she gets the greencard. You must file an I-864 Affidavit of Support (an enforceable legal contract).

She is filing for adjustment of status under INA 245(a), as the Immediate Relative of a USC, the overstay is forgiven since she had a lawful entry. Because it is a new marriage, she can only get conditional status up front. The initial greencard will wxpire in 2 years. Within the last 3 months before the card expires you two file a joint I-751 petition to remove conditions upon proving that the marriage was bona fide (real and not just for a greencard).

The bad news:

If you abuse her in any way or she accuses you of it, she can get a greencard as a battered spouse under VAWA (Violence Against Women Act). I don't know you or her but some men have been taken advantage of by that situation. She's hot, you're not, she needs a greencard and you can get her one. Was her divorce bitter? They travelled to a foreign country to start a new life together afterall. Do they still see each other because of children together? Is he getting married to a USC also? You have to file an I-864 for anyone you file an I-130 for. Has she got kids, your stepchildren? Does she want you to petition for them also, if applicable?

An I-864 makes you financially responsible for anyone you file one for until: they work for 10 years on the books, they naturalize, they get deported, or die. Divorce does not end financial responsibility.
 
Luckily she has no children so no isues there. Her divorce was not bitter.; Only time they see each other is sometimes at the college they go to for english classes.
Do not think he is getting married for all i know he isn't dating anyone.
Not that it matters to situation i do have a a daughter i pay child support for through my divorce.
Thanks for taking the time to answer as all this gets confusing and I want to get it right and go smooth as possible. All the name stuff and getting bills,accounts and such with a my married name without id is frustrating.
The conditional status I dont believe i am to worried about as I feel the love is there and mariage is bonafide. WE dated for over a year and both could have made our own divorce procedures go faster.
 
You must log in or register to reply here.
Top