Need Some Helpful Advice ASAP

[OHGOSH NOW WHAT 0]

Hi,

I am asking this on behalf of one of my family members, who is very shy. I figured that the people here would know the answer since they are very well-informed on immigration matters such as these. My relative is the USC and is having problems in her relationship with her foreign spouse. He was not the most attentive individual during their marriage but she thought that he was just being immature. Just before he left to go back home (he works for ARAMCO) her husband told her that he no longer loves her and wishes to marry someone else so that he can have kids. He knew that my relative was unable to conceive when he married her. He further stated that even if my relative doesn't grant him a divorce he will get married in any event since he can have more than one wife. Naturally my relative feels used and is heart-broken over the whole matter. Once or twice during their relationship he suggested that he was using her for a green card but she thought it was a joke, now she's not so sure. My question is this: if marital discord is caused by the foreign spouse (i.e. alienation of affection, possible bigamy, etc.) before any decision is made with respect to the removal of conditions what can be done? The foreign spouse’s two year green card expires at the end of June. He has already applied to remove conditions and has left the United States but she strongly believes that he will return if there is an interview and most likely will return to the United States in any event, but not as her husband. Those are the facts as I know them, what should she do? Can she file for a divorce while the case is still pending?

[payxibka 10,044]

Hi,

I am asking this on behalf of one of my family members, who is very shy. I figured that the people here would know the answer since they are very well-informed on immigration matters such as these. My relative is the USC and is having problems in her relationship with her foreign spouse. He was not the most attentive individual during their marriage but she thought that he was just being immature. Just before he left to go back home (he works for ARAMCO) her husband told her that he no longer loves her and wishes to marry someone else so that he can have kids. He knew that my relative was unable to conceive when he married her. He further stated that even if my relative doesn't grant him a divorce he will get married in any event since he can have more than one wife. Naturally my relative feels used and is heart-broken over the whole matter. Once or twice during their relationship he suggested that he was using her for a green card but she thought it was a joke, now she's not so sure. My question is this: if marital discord is caused by the foreign spouse (i.e. alienation of affection, possible bigamy, etc.) before any decision is made with respect to the removal of conditions what can be done? The foreign spouse’s two year green card expires at the end of June. He has already applied to remove conditions and has left the United States but she strongly believes that he will return if there is an interview and most likely will return to the United States in any event, but not as her husband. Those are the facts as I know them, what should she do? Can she file for a divorce while the case is still pending?

Having an immigration application in process does not preclude someone from making a family decision... If she wishes to terminate the marriage, she can do so when she is ready to do it..

[Daniel&Theary 30]

She can file for a divorce but it will not keep him out of the country. I do not think there is another interview with the removal of conditions. Bigamy is another story he can be arrested for that then lose his GC. He should have to do (bio)finger prints again for the Removal of Conditions if he does not then they can not process his request. Some one with more knowledge can help you with that. Best of luck

[OHGOSH NOW WHAT 0]

Having an immigration application in process does not preclude someone from making a family decision... If she wishes to terminate the marriage, she can do so when she is ready to do it..

She's going to get a divorce no matter what. She just doesn't want him to profit from his misdeeds by getting a 10-year green card. If she notifies USCIS that she has filed for divorce before his 2-year green card expires, then what?

She can file for a divorce but it will not keep him out of the country. I do not think there is another interview with the removal of conditions. Bigamy is another story he can be arrested for that then lose his GC. He should have to do (bio)finger prints again for the Removal of Conditions if he does not then they can not process his request. Some one with more knowledge can help you with that. Best of luck

He already did his biometrics before he left and before he told her that he didn't love her.

Edited June 4, 2011 by OHGOSH NOW WHAT

[Inky 1,110]

She can file for a divorce but it will not keep him out of the country. I do not think there is another interview with the removal of conditions. Bigamy is another story he can be arrested for that then lose his GC. He should have to do (bio)finger prints again for the Removal of Conditions if he does not then they can not process his request. Some one with more knowledge can help you with that. Best of luck

Removal of conditions does have an interview and it is a JOINT petition. Not everyone gets an interview but they do interview for ROC.

If she files for divorce he has the burden to prove that his marriage was in good faith to be able to file alone. She can also submit letters stating that he is considering bigamy and that he has told her he wants to marry someone else as well as state his comments about marrying her for a green card etc.

[Daniel&Theary 30]

Removal of conditions does have an interview and it is a JOINT petition. Not everyone gets an interview but they do interview for ROC.

If she files for divorce he has the burden to prove that his marriage was in good faith to be able to file alone. She can also submit letters stating that he is considering bigamy and that he has told her he wants to marry someone else as well as state his comments about marrying her for a green card etc.

Thats the part I was not sure about I know with my ex we did not have a interview. After we mailed in the Removal of Conditions that is when I found out she wanted a divorce (or only wanted the green card) but since the Bio was done and no interview scheduled I could do nothing to stop her from getting it (what I was told anyways when I went in on one of the pass things to talk with them)once they processed the papers.