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Can she re-sponsor me for green card if she files for divorce?

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  • Can she re-sponsor me for green card if she files for divorce?

    Hi there,

    So my girlfriend of two years who is a US citizen, is already in a marriage that is not yet finalized. She still has to attend her USCIS interview with her spouse, whom she no longer wants to be married to. He manipulated her into the marriage but that is not to say it was not genuine at the time. He is also a foreigner wanting permanent citizenship to the US. Through this time, she has realized she has made a mistake and does not want to go ahead with the marriage any more due to me being back in her life. However, I am also not a US citizen and currently reside in England. Is it possible for her to pull out of her current marriage and re-apply with me as her sponsor? I understand the USCIS will not take lightly to this and it is bound to look sketchy and skeptical and there is a high chance it will be denied. They have solid proof of their marriage being legitimate, such as their house lease, as well as car and everything else being joint owned. We have evidence of relationship also as she is an ex-girlfriend of mine who I was together with for two years, who I flew out to see a lot in the past few years and I have come back into her life last year while all this was going on, and now she realizes she wants to get married to me so that I can have permanent status and immigrate over to start a family with her. What are the odds of this being able to work out? Or will it instantly get denied due to the fact she is already wrapped up in a marriage that is not yet finalized? Will there be repercussions for either her or her current spouse if she was to pull out now and is there a waiting period that she should consider before re-applying, or is it hopeless? is there a way that she could immigrate to the UK and go ahead with a marriage here after she files for divorce, that would eventually let me immigrate over to the states? Any advice at all is appreciated here..

  • #2
    Originally posted by xwnx View Post
    Hi there,

    So my girlfriend of two years who is a US citizen, is already in a marriage that is not yet finalized. She still has to attend her USCIS interview with her spouse, whom she no longer wants to be married to. He manipulated her into the marriage but that is not to say it was not genuine at the time. He is also a foreigner wanting permanent citizenship to the US. Through this time, she has realized she has made a mistake and does not want to go ahead with the marriage any more due to me being back in her life. However, I am also not a US citizen and currently reside in England. Is it possible for her to pull out of her current marriage and re-apply with me as her sponsor? I understand the USCIS will not take lightly to this and it is bound to look sketchy and skeptical and there is a high chance it will be denied. They have solid proof of their marriage being legitimate, such as their house lease, as well as car and everything else being joint owned. We have evidence of relationship also as she is an ex-girlfriend of mine who I was together with for two years, who I flew out to see a lot in the past few years and I have come back into her life last year while all this was going on, and now she realizes she wants to get married to me so that I can have permanent status and immigrate over to start a family with her. What are the odds of this being able to work out? Or will it instantly get denied due to the fact she is already wrapped up in a marriage that is not yet finalized? Will there be repercussions for either her or her current spouse if she was to pull out now and is there a waiting period that she should consider before re-applying, or is it hopeless? is there a way that she could immigrate to the UK and go ahead with a marriage here after she files for divorce, that would eventually let me immigrate over to the states? Any advice at all is appreciated here..
    is she already married to the current spouse and already filed? or is she not married yet, and hasn't begun filing for him? the way you've worded this post is quite confusing
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      is she already married to the current spouse and already filed? or is she not married yet, and hasn't begun filing for him? the way you've worded this post is quite confusing
      Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.

      Comment


      • #4
        Originally posted by xwnx View Post
        Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.
        If she's not sure then things get complicated.
        If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.
        This is my opinion, not legal advice!

        AOS (c9) 2 USC 485/130/131/765
        122017 - PD
        012518 - Biometrics
        033118 - EAD/AP Combo card delivered
        062618 - "Case is Ready to Be Scheduled for An Interview"
        082618 - "we scheduled an interview for your Form I-485"
        090418 - 2nd we scheduled
        091018 - first interview canceled
        092118 - Request to reschedule int
        102318 - Renewal filed EAD/AP
        030819 - EAD/AP Card in hand
        040219 - We canceled your int
        040519 - Int sched
        051419 - Interview
        053119 - approved

        Comment


        • #5
          Originally posted by xwnx View Post
          Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.
          Originally posted by boogiewoogie View Post
          If she's not sure then things get complicated.
          If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.
          also might be worth pointing out that if she backs out of the current process, marries the OP and refiles, that could open up extra scrutiny as to the legitimacy of the new marriage and as to whether or not it's a real marriage or a sham so that you can get your GC
          This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

          -Krypton9591

          Comment


          • #6
            Originally posted by xwnx View Post
            Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.
            Well if its not a bonafide marriage then it's not a bonafide marriage. Last thing she'd want to do is purposely misrepresent, commit fraud and possibly get into trouble for that especially if she plants to marry you.

            She's still on the hook for him via i-864 no matter what and they technically could make her pay back stuff.
            Marriage based AOS concurre
            Feb 2017 - Date received
            Feb 2017 - RFE received
            March 2017 - Biometrics completed
            April 2017 - RFE response received case no longer on hold
            April 2017 - Case is being scheduled for interview
            May 2017 - AP/EAD received:
            March 2018 - AP/EAD forms sent for renewal
            Sept 2018 - AOS interview scheduled.
            Oct 2018 - AOS interview
            Nov 2018 - Green card in hand

            Comment


            • #7
              Originally posted by Randomdude View Post
              Well if its not a bonafide marriage then it's not a bonafide marriage. Last thing she'd want to do is purposely misrepresent, commit fraud and possibly get into trouble for that especially if she plants to marry you.

              She's still on the hook for him via i-864 no matter what and they technically could make her pay back stuff.
              Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Originally posted by newacct View Post
                Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.
                Percisely what I meant. All stated was assuming she went through and got LPR status for the current husband. Thanks!
                Marriage based AOS concurre
                Feb 2017 - Date received
                Feb 2017 - RFE received
                March 2017 - Biometrics completed
                April 2017 - RFE response received case no longer on hold
                April 2017 - Case is being scheduled for interview
                May 2017 - AP/EAD received:
                March 2018 - AP/EAD forms sent for renewal
                Sept 2018 - AOS interview scheduled.
                Oct 2018 - AOS interview
                Nov 2018 - Green card in hand

                Comment


                • #9
                  Originally posted by newacct View Post
                  Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.
                  Originally posted by boogiewoogie View Post
                  If she's not sure then things get complicated.
                  If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.
                  Originally posted by Randomdude View Post
                  Percisely what I meant. All stated was assuming she went through and got LPR status for the current husband. Thanks!
                  she could also withdraw the entire I-485, and that means the guy wouldn't even be able to stay. but irregardless of that it still may being up extra scrutiny if she marries the OP and files for AOS not long after divorcing the current AOS applicant and withdrawing the I-485 or I-864.
                  This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

                  -Krypton9591

                  Comment


                  • #10
                    Originally posted by krypton9591 View Post
                    she could also withdraw the entire I-485, and that means the guy wouldn't even be able to stay. but irregardless of that it still may being up extra scrutiny if she marries the OP and files for AOS not long after divorcing the current AOS applicant and withdrawing the I-485 or I-864.
                    How would she be able to withdraw the I-485 if she's not the applicant? Wouldn't she only be the petitioner and sponsor thus limiting her to only having the right to withdraw the I-130 and I-864? I mean heck the petitioner can't even get information on the I-485 without the applicant being present so why would they be able to make decisions on the I-485?
                    Marriage based AOS concurre
                    Feb 2017 - Date received
                    Feb 2017 - RFE received
                    March 2017 - Biometrics completed
                    April 2017 - RFE response received case no longer on hold
                    April 2017 - Case is being scheduled for interview
                    May 2017 - AP/EAD received:
                    March 2018 - AP/EAD forms sent for renewal
                    Sept 2018 - AOS interview scheduled.
                    Oct 2018 - AOS interview
                    Nov 2018 - Green card in hand

                    Comment

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