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Results 1 to 9 of 9

Thread: HELP!! Divorcing and remarrying in less than 5yrs

  1. #1
    I have a friend who came over to the USA from a different country and married in the USA. She has been married for almost 9 months. Now she wants out of the marriage and remarry me. Would the government send her back to her country if she were to do this? Is there anyway around this?

  2. #2
    I have a friend who came over to the USA from a different country and married in the USA. She has been married for almost 9 months. Now she wants out of the marriage and remarry me. Would the government send her back to her country if she were to do this? Is there anyway around this?

  3. #3
    Has she even filed the paperwork relating to the first marriage?
    Illegitimati non carborundum

  4. #4
    She has filed all the paperwork already. She is waiting for her permanent resident card.

  5. #5
    If she has not yet received the conditional green card, then divorcing now could be problematic under certain circumstances. Did she come to the USA as a fiance (on a K1 fiance visa) of this US citizen husband?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    Yes she came over as a fiance of this US citizen. Is conditional green card different from any other green card? And how long before you get a conditional green card? Please explain because I do not know much about this situation. Thank you sappyconifer and squishymitten.

  7. #7
    A conditional green card is offered to an alien that has been married to a US citizen for less than 2 years when he or she is interviewed for adjustment of status. The time required to be interviewed and then receive approval varies from place to place. She can check the current processing dates posted by the Service Center handling her petition on the USCIS web site to get an idea if they are adjudicating petitions submitted close to the date she filed hers.

    The difference with a conditional green card is that it is valid for two years and conditions will have to be removed 90 days before it expires.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    With a conditional green card would she be able to get a divorced and not be deported back to her home country? How tough is this law? And also she lives in Tennessee. Thanks sappyconifer.

  9. #9
    An alien can divorce at any time if preserving resident status is not an issue. The problem arises when a divorce occurs at a point in the immigration process where resident status will be compromised. She can divorce if she has a conditional green card. When the divorce is final she would file a waiver of the joint filing requirement for I751 (removal of conditions) but the onus will be on her to prove that the marriage was bona fide. Read more here:
    http://uscis.gov/graphics/howdoi/remcond.htm
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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