Remarry under conditional green card

[JeanneAdil 6,203]

Just now, Dashinka said:

I assume that already happened.  OP already has EAD.

so he'll run into issues when he tries to ROC

[Redro 4,600]

. 

Edited May 17, 2022 by ROK2USA

[aaron2020 11,651]

1 minute ago, JeanneAdil said:

so he'll run into issues when he tries to ROC

He hasn't had his green card interview yet.

At his adjustment based on the marriage to a US citizen, he will lie and say they have a bona fide marriage.  Ha. Ha.  

 

Once he gets his conditional green card, he will divorce and marry his wife's friend (his words) who doesn't seem likely to be able to meet the requirements to petition for him.

[andrecfa 21]

16 minutes ago, mushroomspore said:

I think the wife's friend is likely in the USA too since the wife is the US citizen petitioner. But I agree with your overall points. Why the need to jump from one woman to the next immediately? 

So then you acknowledge that your plan is fraudulent and has immensely negative ramifications. As Crazy Cat pointed out, USCIS can ask you anything about your history and current circumstances at any point in the process, even after naturalization. There are cases of citizenship being stripped due to lies and other untruths being found out.

She is, yes. Because if my wife breaks up with me while I'm still in love with her, which I am, it will be devastating for me. She's extremely nice and doesn't want to hurt me, no matter what, so she's thought up of this whole thing.

 

I wouldn't go as far as calling it fraudulent... But I understand how USCIS will see it that way.

[Dashinka 23,252]

1 minute ago, JeanneAdil said:

so he'll run into issues when he tries to ROC

Quite possibly.  We don't have a clear timeline of all the events.  AOS/EAD filed, EAD received so possibly filed AOS package 8+ months ago.  No divorce filed so far as we know.

 

To the OP, I agree with @ROK2USA, you mentioned your spouse has Asperger's, there is a lot of information out there on how to live a full life with them (I expect you have researched this already).  You have to ask yourself if you still love your wife?  If so, keep working on the marriage.

 

Good Luck!

[Rocio0010 5,565]

7 minutes ago, andrecfa said:

I haven't fallen in love with her friend yet, but we do have a lot in common. This is more like a long term roadmap

Yeah, no. That right there looks suspicious. If you say “I haven’t fallen in love with her friend yet” it makes it look like this is all planned out, especially when you throw in the expression “long- term roadmap “

 

15 minutes ago, andrecfa said:

so if we could avoid going through that again, it would be fantastic

Oh, so convenient!

35 minutes ago, andrecfa said:

Why would we do that? Of course not

Because you’ll divorce your wife, and so the basis of the petition would be gone. Moreover, if you do divorce but don’t tell the interviewer, it will be considered immigration fraud and will bite you in the back one way or another. 
If you hide the truth, it’s because you know that what you’re doing is wrong.

[Redro 4,600]

1 minute ago, andrecfa said:

She is, yes. Because if my wife breaks up with me while I'm still in love with her, which I am, it will be devastating for me. She's extremely nice and doesn't want to hurt me, no matter what, so she's thought up of this whole thing.

 

I wouldn't go as far as calling it fraudulent... But I understand how USCIS will see it that way.

If you are in love with your wife.

STOP SEEING THIS OTHER WOMAN. 

Work with a therapist that can help you deal with her diagnosis. 

Work on the marriage. 

 

 

[aaron2020 11,651]

Just now, andrecfa said:

She is, yes. Because if my wife breaks up with me while I'm still in love with her, which I am, it will be devastating for me. She's extremely nice and doesn't want to hurt me, no matter what, so she's thought up of this whole thing.

 

I wouldn't go as far as calling it fraudulent... But I understand how USCIS will see it that way.

She doesn't want to hurt you no matter what.  But she's okay with immigration fraud?  Are you okay with hurting her?  It's a crime to commit immigration fraud.

 

You wouldn't call it fraudulent???????   REALLY??????   OF COURSE NOT.  YOUR NOT GOING TO TELL THE IMMIGRATION OFFICER YOUR PLAN.  Holy cow.  

[andrecfa 21]

9 minutes ago, JeanneAdil said:

• this current wife is going to sign the I 864 at your AOS to sponsor u for the next 10 years? / highly doubtful 
• is this new love a USC?  u can not AOS thur a different USC

My current wife has to agree to sponsor me for 10 years at the AOS? We didn't know that

 

Are you completely sure? I read somewhere else that the law was changed in recent years allowing the restrictions to be lifted through a second marriage.

[mushroomspore 3,043]

Just now, andrecfa said:

She is, yes. Because if my wife breaks up with me while I'm still in love with her, which I am, it will be devastating for me. She's extremely nice and doesn't want to hurt me, no matter what, so she's thought up of this whole thing.

 

I wouldn't go as far as calling it fraudulent... But I understand how USCIS will see it that way.

It doesn't matter what YOU think, tbh. It matters what USCIS thinks and they WILL see it that way. Most people understand "bona fide" to mean "real and valid". This is true but in the legal system, words have very specific and narrow definitions, which is the way USCIS uses their terminology because USCIS is, you know, a law enforcement agency. In the legal system, "bona fide" means "without intention to deceive". The point of the green card interview is to prove to USCIS that you're in a bona fide marriage because the burden of responsibility falls on the applicants and petitioners. After all, it is OUR marriages, not the marriage of the USCIS officer, that is put under scrutiny. If your marriage is basically over to the point that divorce is on the horizon, your marriage is no longer considered "bona fide" and to not disclose the status of your marriage to USCIS would be (wait for it) deceptive and fraudulent.

[Dashinka 23,252]

2 minutes ago, andrecfa said:

My current wife has to agree to sponsor me for 10 years at the AOS? We didn't know that

 

Are you completely sure? I read somewhere else that the law was changed in recent years allowing the restrictions to be lifted through a second marriage.

She agreed to that when she signed the I864 when you submitted the AOS package.  What this means is that she is financially responsible for you if you were to take government assistance for 40 quarters, or until you would become a USC.  

Edited May 17, 2022 by Dashinka

[mushroomspore 3,043]

1 minute ago, andrecfa said:

My current wife has to agree to sponsor me for 10 years at the AOS? We didn't know that

 

Are you completely sure? I read somewhere else that the law was changed in recent years allowing the restrictions to be lifted through a second marriage.

It says very plainly in the I-864 instructions that the I-864 expires only when the intending immigrant works 40 quarters (equal to 10 years) or when the intending immigrant becomes a US citizen. Until one of those conditions is fulfilled, the US citizen petitioner is on the hook financially for the intending immigrant. 

[Timona 3,943]

Someone asked, is your new love USC? @andrecfa

[andrecfa 21]

4 minutes ago, Rocio0010 said:

Yeah, no. That right there looks suspicious. If you say “I haven’t fallen in love with her friend yet” it makes it look like this is all planned out, especially when you throw in the expression “long- term roadmap “

 

Oh, so convenient!

Because you’ll divorce your wife, and so the basis of the petition would be gone. Moreover, if you do divorce but don’t tell the interviewer, it will be considered immigration fraud and will bite you in the back one way or another. 
If you hide the truth, it’s because you know that what you’re doing is wrong.

Look, you're assuming an awful lot of things. You don't know any of us.

 

Okay. Thank you.

[andrecfa 21]

6 minutes ago, mushroomspore said:

It doesn't matter what YOU think, tbh. It matters what USCIS thinks and they WILL see it that way. Most people understand "bona fide" to mean "real and valid". This is true but in the legal system, words have very specific and narrow definitions, which is the way USCIS uses their terminology because USCIS is, you know, a law enforcement agency. In the legal system, "bona fide" means "without intention to deceive". The point of the green card interview is to prove to USCIS that you're in a bona fide marriage because the burden of responsibility falls on the applicants and petitioners. After all, it is OUR marriages, not the marriage of the USCIS officer, that is put under scrutiny. If your marriage is basically over to the point that divorce is on the horizon, your marriage is no longer considered "bona fide" and to not disclose the status of your marriage to USCIS would be (wait for it) deceptive and fraudulent.

I see