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  • Immigratin status/qualification for citizenship

    My immigrant "girlfriend" and I (citizen by birth) are both married, but not to each other. Her husband is a member of the military and serving overseas. We met before she was married, she is now married (long story) and has a permanent resident green card, valid for 2 years. She is pregnant, with my child. What would happen to her status if she were to divorce (I've already filed)? Will I be able to sponsor her as a relative due to the child - would I need to? Does she currently qualify to apply due to her military-overseas spouse?

  • #2
    My immigrant "girlfriend" and I (citizen by birth) are both married, but not to each other. Her husband is a member of the military and serving overseas. We met before she was married, she is now married (long story) and has a permanent resident green card, valid for 2 years. She is pregnant, with my child. What would happen to her status if she were to divorce (I've already filed)? Will I be able to sponsor her as a relative due to the child - would I need to? Does she currently qualify to apply due to her military-overseas spouse?

    Comment


    • #3
      I assume I can spare myself any comments about the unhealthy situation the two of you are in.

      There are two options for her to remove conditions on her conditional greencard (the two year greencard)She needs to remove conditions if she wants to remain in the US.

      She and her husband continue their marriage, file form I-751 three months before her card expires, wait for the interview, go to the interview, prove their relationship is legit, she gets the ten year greencard and files for divorce after that

      The other option is that she gets divorced now,and files the I-751 with the waiver for joint appearance at the interview. If the waiver is approved she now has the burden of proof on her to show that her marriage was entered in good faith. This can be difficult but is not impossible.

      Being married to you will not have an effect on her being approved or denied.

      Comment


      • #4
        Once conditions have been removed a divorce has no effect on her status

        Comment


        • #5
          I hope the husband takes care of you when he returns. What kind of behavior is that?

          Comment


          • #6
            She should inform her husnabd serving in military oversseas about the good news

            Comment

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