Problem? How Divorce and Remarriage Affects Green Card Status.

[molly.louise.sa 0]

Hello everyone. I am writing in hope of getting an answer to a dilemma that me and my green card-holding fiance have.

My fiance is an Ecuadorian immigrant who, 8 years ago, married a U.S. resident (not citizen) and the wedding took place in Ecuador. Although he and his wife split up over 5 years ago, they stayed legally married to benefit each other and their daughter.

He moved to the United States 2 and a half years ago and has been living and working here as a resident himself and a green card holder. Be aware that he obtained said status by marrying his wife with whom he is now separated.

My question is this:

We are engaged and looking to get married in the U.S. sometime next year. I am a United States citizen (born and raised). But in order to marry, he must first go through the legal divorce process with his former wife.

We need to know how the divorce and the remarriage will affect the status of his residency and green card.

If you could offer me any advice or share your experiences that would be very much appreciated. Thank you.

EDIT: His green card is non-conditional and expires in the year 2018.

[Aztec&Taino 144]

Hello everyone. I am writing in hope of getting an answer to a dilemma that me and my green card-holding fiance have.

My fiance is an Ecuadorian immigrant who, 8 years ago, married a U.S. resident (not citizen) and the wedding took place in Ecuador. Although he and his wife split up over 5 years ago, they stayed legally married to benefit each other and their daughter.

He moved to the United States 2 and a half years ago and has been living and working here as a resident himself and a green card holder. Be aware that he obtained said status by marrying his wife with whom he is now separated.

My question is this:

We are engaged and looking to get married in the U.S. sometime next year. I am a United States citizen (born and raised). But in order to marry, he must first go through the legal divorce process with his former wife.

We need to know how the divorce and the remarriage will affect the status of his residency and green card.

If you could offer me any advice or share your experiences that would be very much appreciated. Thank you.

EDIT: His green card is non-conditional and expires in the year 2018.

First of all, before you can be "engaged" he needs to be able to marry. Therefore, he needs to file for divorce if he wants to be engaged to you. Secondly, he should apply for naturalization if he is able. Has he been a permanent resident for at least five years? If he has, he has the right to apply for naturalization based on his 5 year residency regardless of whether the marriage through which he obtained his residency has been legally terminated or not. If you are planning to marry "sometime next year" he better do these things pronto!

Best of luck.

[Gary and Alla 3,696]

First of all, before you can be "engaged" he needs to be able to marry. Therefore, he needs to file for divorce if he wants to be engaged to you. Secondly, he should apply for naturalization if he is able. Has he been a permanent resident for at least five years? If he has, he has the right to apply for naturalization based on his 5 year residency regardless of whether the marriage through which he obtained his residency has been legally terminated or not. If you are planning to marry "sometime next year" he better do these things pronto!

Best of luck.

They can be "engaged" any time they want to say they are engaged. Whether one or both of them are married or not. If they wish to consider themselves "engaged", they can.

If his green card is current and is of the non-conditional variety (it should be after this time, look at the expiration date, if it was issued with a 10 year expiration it is an unconditional card)

Provided he has an unconditional, valid green card, his dovorce will have NO affewct on his status and he can marry you as soon as he is divorced. No further visa or immigration issues.

[Aztec&Taino 144]

They can be "engaged" any time they want to say they are engaged. Whether one or both of them are married or not. If they wish to consider themselves "engaged", they can.

See, the problem with that is that it's simply not true legally speaking. Say, if any of us I 129 F filers had said that we are engaged and want to bring our fiance(e) over we could not say to USCIS, "I am engaged even though my marriage has not been legally terminated." Of course, if either petitioner or beneficiary has been married proof needs to be submitted to show that the marriage or marriages have been legally terminated. Yes, in every day life people (unfortunately) call each other whatever they wish even if it is not true (or not possible) in a legal sense. The fellow VJ member is asking questions in a legal sense, so our advice should reflect this.

[Gary and Alla 3,696]

See, the problem with that is that it's simply not true legally speaking. Say, if any of us I 129 F filers had said that we are engaged and want to bring our fiance(e) over we could not say to USCIS, "I am engaged even though my marriage has not been legally terminated." Of course, if either petitioner or beneficiary has been married proof needs to be submitted to show that the marriage or marriages have been legally terminated. Yes, in every day life people (unfortunately) call each other whatever they wish even if it is not true (or not possible) in a legal sense. The fellow VJ member is asking questions in a legal sense, so our advice should reflect this.

Your problem is you are confusing a legal issue with a personal one. She does not need to file for a an I-129f and does not need to provided a divorce certificate. even if she did, they could consider themselves engaged. "Engagement" is not a legal matter. You don't "have to" say anything to USCIS to be engaged. Unless petitioning for a visa, you don;t have to deal with them at all. She isn't petitioning a visa.

It works like this...

Person 1: "Will you marry me?"

Person 2: "Yes"

You are engaged. No government permission required

I know very well how to apply for a K-1. The question is not about that.

If her fiance has an unconditional green card, there is no immigration issue at all involved in their case. he gets divorced, they get married.

Let me be the first to congratulate the OP on her engagement!

[molly.louise.sa 0]

Thank you so much...everyone!