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armando34343

complicated stepchild situation

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Okay this is a complicated situation so I'm going to only explain the relevant info for simplicity's sake.

Me: US Citizen

Wife: Ukrainian Citizen, status: we married in USA but she had to accept voluntary departure for previous overstay (she overstayed while we met and got married). She's currently in her home country now.

StepDaughter: Her daughter was a rider on her voluntary departure. She is a minor so she doesn't get barred from overstay.

We hired a lawyer, and did paperwork for the stepdaughter (wife's daughter, ukrainian citizen born in ukraine) to come back to the USA to resume school (she was born in ukraine but lived in usa since age of 4 months. Went to US schools, speaks only english, but she's not us citizen)

So far we are still waiting for the stepdaughters immigration interview in her home country (it's been about 6 months so we're expecting it very soon). I have heard this might be 50/50 but we're giving it a shot anyway.

My question here gets one more bit complicated than above! We're working with lawyer about daughter for her to return to USA, but one more thing is an issue that makes this even more complicated (I know, I know):

What if I divorce my wife (the ukrainian) right now, today. We're about 6 months into wife's daughter's process (whole process is about 9 months the lawyer says).

Will USCIS somehow know that we're divorced? I already submitted stepdaughter's I130 and submitted marriage cert, etc. How could they know that today I will get divorced (hypothetically)? It oould take a couple more months to get divorced also.

So imagine that the stepdaughter passes immigration, gets her greencard (we filed I130), gets on the airplane, comes to USA, but I am a single man at that point in time. Would USCIS or customs know about this somehow?

I know that divorce will terminate the stepdaughter relationship with me so I can't get divorced. But this is just a hypothetical question (I have my reasons, it's important! Thanks!)

Edit: I can explain the reason if anyone's wondering. My marriage started bona-fide real marrage but 2 years into marriage we fought. After another year of bad marriage, she got her deportation notice (we did file I130, I485 at that time but it was denied due to her previous overstay from her original VISA (I met her in the USA I did not bring her here myself)). She took voluntary departure after a 1 year battle in court. Her daughter is a "rider" on her court case so she goes too even though she is a minor and not subject to accrued overstay on original VISA. Presently at this time, we are legally married but it's now evolved into a not-so-real marriage anymore. I have a girlfriend, she has a boyfriend in ukraine. I want to get her daughter back here in the USA because she is very unhappy in Ukraine (she's pretty much an american since she was raised in USA). The mother agrees and she wants her here too, even though we're divorcing later. My question is, can I just divorce now? How would USCIS even be able to find out if I divorce, since that goes through the county and not the federal government. It is not like that info (getting a divorce) is broadcast everywhere, just in our county.

Thanks! It's complicated but due to the situation of the stepdaughter needing to come back, it's worth going thru this.

Edited by armando34343

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Okay this is a complicated situation so I'm going to only explain the relevant info for simplicity's sake.

Me: US Citizen

Wife: Ukrainian Citizen, status: we married in USA but she had to accept voluntary departure for previous overstay (she overstayed while we met and got married). She's currently in her home country now.

StepDaughter: Her daughter was a rider on her voluntary departure. She is a minor so she doesn't get barred from overstay.

We hired a lawyer, and did paperwork for the stepdaughter (wife's daughter, ukrainian citizen born in ukraine) to come back to the USA to resume school (she was born in ukraine but lived in usa since age of 4 months. Went to US schools, speaks only english, but she's not us citizen)

So far we are still waiting for the stepdaughters immigration interview in her home country (it's been about 6 months so we're expecting it very soon). I have heard this might be 50/50 but we're giving it a shot anyway.

My question here gets one more bit complicated than above! We're working with lawyer about daughter for her to return to USA, but one more thing is an issue that makes this even more complicated (I know, I know):

What if I divorce my wife (the ukrainian) right now, today. We're about 6 months into wife's daughter's process (whole process is about 9 months the lawyer says).

Will USCIS somehow know that we're divorced? I already submitted stepdaughter's I130 and submitted marriage cert, etc. How could they know that today I will get divorced (hypothetically)? It oould take a couple more months to get divorced also.

So imagine that the stepdaughter passes immigration, gets her greencard (we filed I130), gets on the airplane, comes to USA, but I am a single man at that point in time. Would USCIS or customs know about this somehow?

I know that divorce will terminate the stepdaughter relationship with me so I can't get divorced. But this is just a hypothetical question (I have my reasons, it's important! Thanks!)

Edit: I can explain the reason if anyone's wondering. My marriage started bona-fide real marrage but 2 years into marriage we fought. After another year of bad marriage, she got her deportation notice (we did file I130, I485 at that time but it was denied due to her previous overstay from her original VISA (I met her in the USA I did not bring her here myself)). She took voluntary departure after a 1 year battle in court. Her daughter is a "rider" on her court case so she goes too even though she is a minor and not subject to accrued overstay on original VISA. Presently at this time, we are legally married but it's now evolved into a not-so-real marriage anymore. I have a girlfriend, she has a boyfriend in ukraine. I want to get her daughter back here in the USA because she is very unhappy in Ukraine (she's pretty much an american since she was raised in USA). The mother agrees and she wants her here too, even though we're divorcing later. My question is, can I just divorce now? How would USCIS even be able to find out if I divorce, since that goes through the county and not the federal government. It is not like that info (getting a divorce) is broadcast everywhere, just in our county.

Thanks! It's complicated but due to the situation of the stepdaughter needing to come back, it's worth going thru this.

What do you think will happens if the step-daughter lies under oath that all of the information stated in the petition is true? If you should proceed with divorce procedures?

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CR-2/IR-2 is a derivative visa - the primary visa holder must be awarded the visa for the derivative to even be eligible.

Edited by Darnell

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Outright lying and lying by omission can get you, the step daughter and your soon to be ex wife (if she wants to return to the US) in a lot of trouble. Why? Because what you are concocting is fraud as you know you want to/is going divorce your wife but is only staying in the marriage to allow your step daughter immigration benefits. You may not inform USCIS about the divorce but these people know their stuff, they have there sources. And even is your step daughter is approved, CBP can give her the 3rd then send her right back to the Ukraine.

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Did you at any time adopt the step daughter?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Other than you have posted your intent on a site monitored by immigration ?

First once divorced you have no rights to custody of your stepdaughter , expecially since Amercians can no longer adopt children in Russia. Lying to immigration carries a big penalty for all involved, the non USC's are barred for life , the USC can face fines large enough to buy a very nice house. The mother will have to eventually immigrate to make an IR2 work. If you don't have a valid marriage and you are posting such on sites like this you should just drop everything. Children are adaptive by nature. When the child knows that the US is out of the picture , learning to cope in her current environment will be more important.


This will not be over quickly. You will not enjoy this.

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**** As it has been explained to OP that what he intends to do is potential visa fraud, this topic is now closed. If OP has legally adopted the child, he can open a new topic asking about immigrating that way ****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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