divorce before entring usa

[StillThePrettiest 3]

thax guys for ur help as i can see some people are realy helpful and some pple like jula are not hapy about me asking a question, i just wantd to tel i am not divorced yet bt things are geting worst its not as if i maried my wife few months ago just to go to usa i have been maried for long time i was planing to go so maybe things mite get better so thts why i was askin if there will be any problems at POE. jula its not easy for someone to leave their home contry and go but sometimes you have to do it for someone you love thnx

try reading jula's posts again; they're at least as helpful as anyone else's... if you're reading a personal agenda or even a personal attack into what jula said then you're reading wrong, IMHO

[rebeccajo 14]

thax guys for ur help as i can see some people are realy helpful and some pple like jula are not hapy about me asking a question, i just wantd to tel i am not divorced yet bt things are geting worst its not as if i maried my wife few months ago just to go to usa i have been maried for long time i was planing to go so maybe things mite get better so thts why i was askin if there will be any problems at POE. jula its not easy for someone to leave their home contry and go but sometimes you have to do it for someone you love thnx

try reading jula's posts again; they're at least as helpful as anyone else's... if you're reading a personal agenda or even a personal attack into what jula said then you're reading wrong, IMHO

And the context of the posts are confirmed by Caladan's good questions about misrepresentation and Mermaids code cite.

The water is muddy here.

[jula 0]

thax guys for ur help as i can see some people are realy helpful and some pple like jula are not hapy about me asking a question, i just wantd to tel i am not divorced yet bt things are geting worst its not as if i maried my wife few months ago just to go to usa i have been maried for long time i was planing to go so maybe things mite get better so thts why i was askin if there will be any problems at POE. jula its not easy for someone to leave their home contry and go but sometimes you have to do it for someone you love thnx

jhon85, you can ask whatever you want as far as I am concerned, I don't care... what I care about is when people are getting either not complete or wrong suggestions. I thought you need to know the whole picture of what may happen - for your own benefit. I am 100% sure that if you were to show at POE with IR-1 and say "I am divorced", you would be denied entry. Even if you don't say that, but you are divorced at the time of entry, it may be a matter of time when that's discovered and your GC revoked.

The question is whether he *has* permanent residency before entering the country. Once he does, no question, he has unconditional permanent residency based on a bona fide marriage and if he divorces at a later time, he's just fine. No question there.

But I'm not sure if someone on an unactivated IR-1 counts as a permanent resident

If someone here entered on an immigrant visa, can you post if the date on GC "resident since" is the date of your arrival (+few days) or the date the visa was issued. That date counts when one applys for citizenship... so I think we can use it to determine when one becomes PR (unless somebody can locate the law).

[pushbrk 12,103]

thax guys for ur help as i can see some people are realy helpful and some pple like jula are not hapy about me asking a question, i just wantd to tel i am not divorced yet bt things are geting worst its not as if i maried my wife few months ago just to go to usa i have been maried for long time i was planing to go so maybe things mite get better so thts why i was askin if there will be any problems at POE. jula its not easy for someone to leave their home contry and go but sometimes you have to do it for someone you love thnx

jhon85, you can ask whatever you want as far as I am concerned, I don't care... what I care about is when people are getting either not complete or wrong suggestions. I thought you need to know the whole picture of what may happen - for your own benefit. I am 100% sure that if you were to show at POE with IR-1 and say "I am divorced", you would be denied entry. Even if you don't say that, but you are divorced at the time of entry, it may be a matter of time when that's discovered and your GC revoked.

The question is whether he *has* permanent residency before entering the country. Once he does, no question, he has unconditional permanent residency based on a bona fide marriage and if he divorces at a later time, he's just fine. No question there.

But I'm not sure if someone on an unactivated IR-1 counts as a permanent resident

If someone here entered on an immigrant visa, can you post if the date on GC "resident since" is the date of your arrival (+few days) or the date the visa was issued. That date counts when one applys for citizenship... so I think we can use it to determine when one becomes PR (unless somebody can locate the law).

As far as I'm concerned, Mermaid's code cite is conclusive. The only thing that is muddy is whether entering after the divorce would ever actually have a consequence but it is clear that it could. Declaring the divorced status at POE should promt a denial of entry whether volunteered or as an answer to a direct question. If it does'nt come up, somthing would have to prompt any inquiry into the status before revocation would be an issue.

If the OP wants to immigrate, he should enter the USA while still married.

Edited April 21, 2008 by pushbrk

[rebeccajo 14]

It's 'muddy' because we here can't give a good answer as to what the consequences would be. A professional needs to offer that advice.

[pushbrk 12,103]

It's 'muddy' because we here can't give a good answer as to what the consequences would be. A professional needs to offer that advice.

I guess I see the muddy part as not what the consequences would be but whether there would be any. If there are any, it seems clear the consequence would be revoking the status. If his wife is savvy and reports him, there will quite likely be consequences for entering after the divorce is final. If neither she or anybody else makes an issue of it, there probably wouldn't be any consequences but I sure wouldn't advise risking it. Its too easy and cheap to just get on a plane and do away with the issue before the divorce is final.

[jula 0]

most cases where one obtained benefits (green card) for which he/she wasn't eligible, are discovered during the review of paperwork for citizenship.

[pushbrk 12,103]

most cases where one obtained benefits (green card) for which he/she wasn't eligible, are discovered during the review of paperwork for citizenship.

That makes sense. I suppose the remedies vary by circumstance. What do you know about that?

Citizenship is certainly optional anyway and many people never have a desire for it. In our case, the plan was for my wife not to apply for citizenship, since we may be living in China more than half time after two or three years. At this point though, we are considering putting citizenship in the plan, so there's no risk of losing permanent resident status.

Actual permanent full-time residents of the USA can do quite will without citizenship, as I imagine, can a Citizen of a VWP country.

Edited April 22, 2008 by pushbrk

[diadromous mermaid 36]

most cases where one obtained benefits (green card) for which he/she wasn't eligible, are discovered during the review of paperwork for citizenship.

I believe this is also true. Logic suggests that many aliens that have been lucky enough to circumvent the immigration process once would place themselves on the fast-track to Naturalisation.