Real Love, but Real Problems?

[Susie4 1]

Here, briefly, are the circumstances of this case. I think the odds that it is going to work out are slim to none but I don't know much about the immigration process so I am hoping someone else out there can tell me what they think the odds are of this couple getting the non-citizen into the U.S. legally.

They met in OCTOBER 2010, on a cruise ship where she was a passenger and he was a bartender.

They have been romantically involved since the cruise. When he went back to his home country of ROMANIA, they were in constant contact and there will be tons of evidence to that fact in phone bills, etc.

He returned to work on a cruise ship, at first on the west coast. Before he got on the ship they spent 2 weeks together in Los Angeles. She went on one cruise, as a full fare paying passenger on the LA based ship to spend time with him.

He transferred to a Jacksonville, Florida based cruise ship to be closer to her. She went on multiple cruises as a "crew family member" on this ship -- shouldn't be hard to get documentation or witnesses to this fact, either.

All of the above, I believe, indicate that they are in a bonafide relationship. Or at least SHE thinks they are!

Here are where I see the legal challenges coming up, and I fear they may be insurmountable:

[Susie4 1]

Here, briefly, are the circumstances of this case. I think the odds that it is going to work out are slim to none but I don't know much about the immigration process so I am hoping someone else out there can tell me what they think the odds are of this couple getting the non-citizen into the U.S. legally.

They met in OCTOBER 2010, on a cruise ship where she was a passenger and he was a bartender.

They have been romantically involved since the cruise. When he went back to his home country of ROMANIA, they were in constant contact and there will be tons of evidence to that fact in phone bills, etc.

He returned to work on a cruise ship, at first on the west coast. Before he got on the ship they spent 2 weeks together in Los Angeles. She went on one cruise, as a full fare paying passenger on the LA based ship to spend time with him.

He transferred to a Jacksonville, Florida based cruise ship to be closer to her. She went on multiple cruises as a "crew family member" on this ship -- shouldn't be hard to get documentation or witnesses to this fact, either.

All of the above, I believe, indicate that they are in a bonafide relationship. Or at least SHE thinks they are!

Here are where I see the legal challenges coming up, and I fear they may be insurmountable:

They met in OCTOBER 2010, on a cruise ship where she was a passenger and he was a bartender.

They have been romantically involved since the cruise. When he went back to his home country of ROMANIA, they were in constant contact and there will be tons of evidence to that fact in phone bills, etc.

He returned to work on a cruise ship, at first on the west coast. Before he got on the ship they spent 2 weeks together in Los Angeles. She went on one cruise, as a full fare paying passenger on the LA based ship to spend time with him.

He transferred to a Jacksonville, Florida based cruise ship to be closer to her. She went on multiple cruises as a "crew family member" on this ship -- shouldn't be hard to get documentation or witnesses to this fact, either.

All of the above, I believe, indicate that they are in a bonafide relationship. Or at least SHE thinks they are!

Here are where I see the legal challenges coming up, and I fear they may be insurmountable:

As of the date of this posting (July 27, 2011) she is still LEGALLY MARRIED and RESIDING WITH HER HUSBAND. Although they do not sleep in the same bedroom.

She and her husband plan to LIE in court about how long they have been separated (court date coming up July 29th) so that they can get divorced without *really* following the resident state's law that before they can file for divorce they have to live "separate and apart" for a full year.

She plans to marry the Romanian citizen the MINUTE she is legally free to marry in her resident state. Which could be just a few days after the court date, even though her divorce situation is tenuous because it is based on a lie.

She has NO INCOME. And NO ASSETS. She is a food stamp recipient who is hoping for a social security disability settlement at some point but it has been about 4 years in the work. (I am not disparaging food stamps, but her sum total of ability to support herself is $500 a month in food stamps, $400 a month in child support, and per-mile reimbursement from a worker's compensation claim that covers her mileage to doctor's appts., etc. which I am sure isn't "income") She is disabled and CANNOT work. Of course, if her social security petition is ultimately denied and has no more appeals she may HAVE to work but I think it will be a struggle to meet the 125% of poverty requirements. I don't think social security disability alone is likely to get her to the 125% of poverty level of income, either, especially because she does have a child living at home so she'd have to meet it for, presumably, a 3 person household.

She is 13 years older than the Romanian citizen she plans to marry.

I don't doubt that she thinks she is in love. However, I doubt given the facts in her case that her "love" will be enough to keep her boyfriend/finace in this country. I've suggested that she see a lawyer as soon as possible and tell them that she's trying to get a divorce and remarriage as fast as she can, and why, so that they can guide her through the process in a way least likely to crash down on her later but having no income, she has no assets to pay for one! Any thoughts out there?

[san diego 407]

They met in OCTOBER 2010, on a cruise ship where she was a passenger and he was a bartender.

They have been romantically involved since the cruise. When he went back to his home country of ROMANIA, they were in constant contact and there will be tons of evidence to that fact in phone bills, etc.

He returned to work on a cruise ship, at first on the west coast. Before he got on the ship they spent 2 weeks together in Los Angeles. She went on one cruise, as a full fare paying passenger on the LA based ship to spend time with him.

He transferred to a Jacksonville, Florida based cruise ship to be closer to her. She went on multiple cruises as a "crew family member" on this ship -- shouldn't be hard to get documentation or witnesses to this fact, either.

All of the above, I believe, indicate that they are in a bonafide relationship. Or at least SHE thinks they are!

Here are where I see the legal challenges coming up, and I fear they may be insurmountable:

As of the date of this posting (July 27, 2011) she is still LEGALLY MARRIED and RESIDING WITH HER HUSBAND. Although they do not sleep in the same bedroom.

She and her husband plan to LIE in court about how long they have been separated (court date coming up July 29th) so that they can get divorced without *really* following the resident state's law that before they can file for divorce they have to live "separate and apart" for a full year.

She plans to marry the Romanian citizen the MINUTE she is legally free to marry in her resident state. Which could be just a few days after the court date, even though her divorce situation is tenuous because it is based on a lie.

She has NO INCOME. And NO ASSETS. She is a food stamp recipient who is hoping for a social security disability settlement at some point but it has been about 4 years in the work. (I am not disparaging food stamps, but her sum total of ability to support herself is $500 a month in food stamps, $400 a month in child support, and per-mile reimbursement from a worker's compensation claim that covers her mileage to doctor's appts., etc. which I am sure isn't "income") She is disabled and CANNOT work. Of course, if her social security petition is ultimately denied and has no more appeals she may HAVE to work but I think it will be a struggle to meet the 125% of poverty requirements. I don't think social security disability alone is likely to get her to the 125% of poverty level of income, either, especially because she does have a child living at home so she'd have to meet it for, presumably, a 3 person household.

She is 13 years older than the Romanian citizen she plans to marry.

I don't doubt that she thinks she is in love. However, I doubt given the facts in her case that her "love" will be enough to keep her boyfriend/finace in this country. I've suggested that she see a lawyer as soon as possible and tell them that she's trying to get a divorce and remarriage as fast as she can, and why, so that they can guide her through the process in a way least likely to crash down on her later but having no income, she has no assets to pay for one! Any thoughts out there?

I wish this person the best. However, there is 0 chance this will be successful because she cannot meet poverty guidelines unless she can find co-sponsor.

[san diego 407]

Another problem that I see is multiple red flags. 13 year older female with no income and under poverty line screams "immigration fraud". I would be surprised if they are able to adjust status.

[Deputy Purple 1,294]

Roadblocks I see:

Affidavit of Support, she will need a co-sponsor.

The closeness of the new marriage to the divorce can be considered as a big red flag especially when combined with her lack of income (can look like she married for financial gain, i.e. he is paying her to do so).

Are they planning to get married and then have him "jump ship" to stay in the US? IIFC don't Ship Crew Visas specifically prohibit AOS (as a means of preventing just such a situation)?

[Susie4 1]

I wish this person the best. However, there is 0 chance this will be successful because she cannot meet poverty guidelines unless she can find co-sponsor.

Can anyone be a co-sponsor?

[Susie4 1]

Roadblocks I see:

Affidavit of Support, she will need a co-sponsor.

The closeness of the new marriage to the divorce can be considered as a big red flag especially when combined with her lack of income (can look like she married for financial gain, i.e. he is paying her to do so).

Are they planning to get married and then have him "jump ship" to stay in the US? IIFC don't Ship Crew Visas specifically prohibit AOS (as a means of preventing just such a situation)?

I am not 100% sure about the ship issue but she keeps telling me that he has an "option" but not a requirement to go back on a new contract on a ship (he is currently on leave) and that he has a Visa of some sort (seems like it has a #4 in its name maybe) that allows him to stay as a tourist in the U.S. for up to 6 months. he is off of the ship at the moment, and he is on U.S. soil. and she is wearing an engagement ring. She seems to think he can just get a job and everything will be fine but I feel certain from what I've read that he just can't legally get a job and that even if he could the income doesn't count towards HER ability to meet the minimum income levels.

[san diego 407]

Proximity of the wedding to divorce is OK. I filed for I129F less than 2 weeks after my divorce was finalized.

[Deputy Purple 1,294]

Proximity of the wedding to divorce is OK. I filed for I129F less than 2 weeks after my divorce was finalized.

Were you an older woman with no income or assets marrying a Cruise Ship crew member?

IOs look at the totality of the circumstances.

[san diego 407]

Were you an older woman with no income or assets marrying a Cruise Ship crew member?

IOs look at the totality of the circumstances.

I agree.

[san diego 407]

However, if they get married in US I believe adjustment of status is a little easier, isn't it? Since he is already here.. I don't have any experience on this since I am adjusting status from K1...

[milimelo 4,650]

However, if they get married in US I believe adjustment of status is a little easier, isn't it? Since he is already here.. I don't have any experience on this since I am adjusting status from K1...

Actually no, he can't adjust status form crewman's visa - specifically excludes it.

[Susie4 1]

However, if they get married in US I believe adjustment of status is a little easier, isn't it? Since he is already here.. I don't have any experience on this since I am adjusting status from K1...

he is here, buton a non-immigrant visa. It doesn't appear that he has a Visa that is eligible for AOS.

[san diego 407]

In this case 0 chance.. None whatsoever!

[Susie4 1]

In this case 0 chance.. None whatsoever!

Any thoughts on anything they might be able to do going forward to make it so that they will have a chance? I think they really are in love and really do want to be together. Is the only way that is going to happen if she goes to his country?