Married to us citizen for 4 years never applied for gc

[Ulchik 0]

My friend has been married to us citizen for 4 years,they loved each other but then she cheated on him, now she has a baby from another man and my friend and she are separated for 1 year. They were trying to work it out while being separated but now he wants a divorse.I am just curious can he apply for gc after divorse or for a waiver? He has a f1 visa and 6 month still of study

My friend has been married to us citizen for 4 years,they loved each other but then she cheated on him, now she has a baby from another man and my friend and she are separated for 1 year. They were trying to work it out while being separated but now he wants a divorse.I am just curious can he apply for gc after divorse or for a waiver? He has a f1 visa and 6 month still of study

Edited December 14, 2010 by Ulchik

[Amy and Nick 37]

So they are divorcing, but he doesnt have any sort of spousal visa?

No, he cant apply for a spousal visa unless they are actually together. Part of the process is to prove they have intent to live as a married couple. If he wants to stay in the US he will have to look into extending his F1 (i have no idea if this is possible) or getting a work visa.

[Krikit 1,163]

Moving from DCF Discussion to General Immigration Discussion.

[Ulchik 0]

Thank you very much!

I have another question, if he has half of million on his account back home,is it possible for him to get any sort of visa by opening a buisness over here by transferring money to American bank's account?

[Amy and Nick 37]

There is an investment visa. I think its an EB5 or something along those lines!

I would suggest going to the USCIS website and checking there.

[Krikit 1,163]

EB-5 Visa

[Brother Hesekiel 2,235]

There are 3 basic ways to get a Green Card:

1) being the spouse (or close relative) of a US citizen --> family-based

2) being an investor --> investment-based

3) being a highly skilled professional in a sought after field --> work -based

1) A spouse of a US citizen can get right in front of the line without having to wait. Once he has adjusted status from F1 to resident, he gets a 2-year Green Card. Before that card expires the couple has to prove that they still live together as a happily-married couple in the same household. That's called removal of conditions, the condition being to stay married. Only thereafter he'd get an unrestricted 10-year Green Card. Thus, the ship has sailed for him, needlessly as he could have his 10-year card by now. Procrastination is not a virtue.

2) An investor has to show that he is able and willing to invest at least $1,000,000.00 in a new US-based business, which also has to employ at least 10 US citizens or residents. There is a clause for half of that amount if he moves into a sh*tty area where nobody wants to live anyway. So if he has half a million in his account, that's not enough unless he moves into a cardboard box.

3) That's the most difficult one, as he'd need to find a company that would sponsor him. That's easy if he's one of the leading brain surgeons or nuclear physicists on the planet, since it costs an easy $10K and takes months to process, but not easy for a regular guy. Part of this process is labor certification, meaning they offer the position openly and nobody among the 308 million Americans is able or willing to do what your friend can do. Oh . . . and the salary has to be appropriate. You can't ask for a doctor offering $5 an hour. Won't work.

Since he's still legal in the US for quite some time, he may want to start dating again, preferably US citizen chicks.

Edited December 15, 2010 by Just Bob

[Ulchik 0]

Thank you guys a lot!!! His uncle and is not a close family relatives,they can't fix his papers, can they?

[JimVaPhuong 4,863]

Thank you guys a lot!!! His uncle and is not a close family relatives,they can't fix his papers, can they?

This is a disconnected statement. Are you asking if his uncle can help him get a green card? If so, then the answer is no. Neither a green card holder nor a US citizen can submit a petition on behalf of their nephew.

[Ulchik 0]

Thank you a lot,all of you guys!

Even nothing is gonna work for him

[Aztec&Taino 144]

Thank you a lot,all of you guys!

Even nothing is gonna work for him

Well, it is a shame... for him, that is. Had he followed proper procedure by now he would have his 10 year unconditional greencard. Why on earth didn't your friend and his wife follow proper procedure and file for the Adjustment Of Status??? Your friend is obviously literate since he is going to school, and ignorance of procedure is no excuse. As another member mentioned, his best bet is now to get a divorce and start dating American women. Maybe he can find love, once again, and if he marries again he would now promptly need to file AOS.

[justashooter 430]

it is a violation of terms of service for someone to suggest that this guy look for someone else to marry so that he can obtain status. that is immigration fraud, in it's purest sense. it is not fraud if he happens to marry for love and obtain status incidentally.

[Casprd 167]

I wouldn't say nothing is going to work for him. A lot of it depends on his field of study. Actually getting a company to sponsor your H1B is not that unusual and it does not cost the company 10k as someone posted. We are a small company with 10 employees and we have two people who we have sponsored. If he has half a million in the bank then the fees for the H1B are not going to be a problem for him. If he is in the IT field, there is still a shortage of programers and network engineers in many places. Medical is the same way and he doesn't need to be a doctor.

[Sra Gomez 9]

Since he's still legal in the US for quite some time, he may want to start dating again, preferably US citizen chicks.

Wouldn't this be considered visa fraud??

[juliava 80]

My friend has been married to us citizen for 4 years,they loved each other but then she cheated on him, now she has a baby from another man and my friend and she are separated for 1 year. They were trying to work it out while being separated but now he wants a divorse.I am just curious can he apply for gc after divorse or for a waiver? He has a f1 visa and 6 month still of study

My friend has been married to us citizen for 4 years,they loved each other but then she cheated on him, now she has a baby from another man and my friend and she are separated for 1 year. They were trying to work it out while being separated but now he wants a divorse.I am just curious can he apply for gc after divorse or for a waiver? He has a f1 visa and 6 month still of study

Better look for a company to sponsor him for an H1B status. Many universities nowdays offer employment assistance upon graduation.

Or, have him apply for a graduate program if he is undergraduate and that could open other doors for him. The international students department would be able to assist you in this case.