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  • Help seeking lawyer

    I am planning on marrying a woman that works for me. We are in love and it is complicated, she's here illegally over staying her visa by 3 years. Two years ago she married to get legal but never lived with her spouse and he demanded money and was not legal himself (working on a green card). She would like to divorce him and marry me and live happily (legally) ever after. She has worked for me for 3 years. Does her situation ie. getting divorced hurt her chances with the INS, do they get this info. How do we find a lawyer and how do we proceed.
    Thanks

  • #2
    I am planning on marrying a woman that works for me. We are in love and it is complicated, she's here illegally over staying her visa by 3 years. Two years ago she married to get legal but never lived with her spouse and he demanded money and was not legal himself (working on a green card). She would like to divorce him and marry me and live happily (legally) ever after. She has worked for me for 3 years. Does her situation ie. getting divorced hurt her chances with the INS, do they get this info. How do we find a lawyer and how do we proceed.
    Thanks

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    • #3
      How do you know she is not marrying you to get legal?

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      • #4
        Presuming that you are trying to enter into a valid marriage and not just a sham... don't worry about the visa overstay issue. As a US citizen, it doesn't affect your case. If she entered the US without a visa or has already been given a removal notice, then that is different. (And bad!)

        Get a family law attorney not an immigration attorney. Follow the laws and regulations of your residence. Some states have unusual requirements. Don't think you can speed things up by hopping over to Vegas. It will come back and bite you. She gets her divorce (or annulment) and you marry.

        Now get an immigration attorney if you believe you need one. After you get your marriage certificate, you file the applications for adjustment of status (green card) and wait for your interview with BCIS. It is likely that you will be classified (unofficially) as a higher risk case. Attorney or not, expect delays and intrusive questions. Also, ex-spouses (especially unpaid sham ones) have a tendency to send derogatory information to BCIS. Given this and any other "red flags" you may have (differences in age, ethnicity, religion...), with a good relationship, you should be able to overcome these obstacles.

        Easy as cake.

        The Grand Poo-Bah
        Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

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