Separated with a green card denial but wants to get remarried.

[frndly1 1]

I have a friend that came here on a visitor visa then got married a year later.  They applied for the green card and was denied because the US Spouse thought the questions being asked were too personal.  They are legally separated and will be able to file for divorce in a few months ( the state requires 1 year separation).  He does have work authorization and is still working.  He has been here for 5 years and married for 4 years.  Question.  How long should he wait to get married and what kind of documents would he have to file? 

[Boiler 43,463]

Which Country is he from?

 

How did he obtain work authorisation?

[Timona 3,943]

17 minutes ago, frndly1 said:

They applied for the green card and was denied because the US Spouse thought the questions being asked were too personal.  

 

Expand.

 

 

[Redro 4,600]

1 hour ago, frndly1 said:

I have a friend that came here on a visitor visa then got married a year later.  They applied for the green card and was denied because the US Spouse thought the questions being asked were too personal.  They are legally separated and will be able to file for divorce in a few months ( the state requires 1 year separation).  He does have work authorization and is still working.  He has been here for 5 years and married for 4 years.  Question.  How long should he wait to get married and what kind of documents would he have to file? 

Who is he planning to marry?

When did he separate from his wife? 
When did he start seeing the person he wants to marry? 
is this person a US citizen?

What does the denial notice say? 
Is he using his EAD from his denied I485 to work or another EAD? 
Your friend should probably join VJ to ask these questions OR hire a lawyer if he doesn’t want to post his issues online. 

Edited August 23, 2023 by Redro

[frndly1 1]

4 hours ago, Boiler said:

Which Country is he from?

 

How did he obtain work authorisation?

He is from Nigeria.   His brother sponsored him here.

[Boiler 43,463]

6 minutes ago, frndly1 said:

He is from Nigeria.   His brother sponsored him here.

 

That makes no sense, if his Brother sponsored him he would have an Immigrant Visa and now a Green Card.

[Redro 4,600]

5 hours ago, frndly1 said:

He is from Nigeria.   His brother sponsored him here.

You do not have the full story. I would be unwise of us to give suggestions/advice.

When did his brother sponsor him?

Is his brother a US citizen?

[frndly1 1]

11 hours ago, Timona said:

 

Expand.

 

 

The wife would not answer some of the questions that were asked because she thought they were to personal.  I'm sure that wasn't the only reason.  She was having an affair as well. I have not seen the paperwork.  

[frndly1 1]

1 hour ago, Redro said:

You do not have the full story. I would be unwise of us to give suggestions/advice.

When did his brother sponsor him?

Is his brother a US citizen?

Redrock,  His brother sponsored him 5 years ago.  Yes, his brother has his citizenship.   You are correct I don't have the whole story, but I do know alot.   Thanks.

[frndly1 1]

7 hours ago, Boiler said:

 

That makes no sense, if his Brother sponsored him he would have an Immigrant Visa and now a Green Card.

Hmm, this was his second time here on the sponsored visa.  He married the second time coming here.  Wouldn't that trump his brother sponsoring him?

[Redro 4,600]

4 minutes ago, frndly1 said:

Redrock,  His brother sponsored him 5 years ago.  Yes, his brother has his citizenship.   You are correct I don't have the whole story, but I do know alot.   Thanks.

He should probably not be working. 

If his brother started the petition 5 years ago he still has many years to wait before he can apply for the GC/adjust status.

You can check the visa bulletin here:  22 April 2007/ 1 March 2008. His category would be F4. 

Additionally, he cannot adjust to a GC if he is not in status/overstay as he is not an immediate relative. 

If he is working on the EAD from the marriage and the GC was denied then that work authorization is no longer valid. 

Your friend is in a bit of a bind. 

He should most definitely get a lawyer to help him with his second adjustment process if he decides to marry the second partner as he will probably be under more scrutiny. They will believe he married both/or one of the women purely for the immigration benefit not for love. 

[frndly1 1]

1 hour ago, Redro said:

He should probably not be working. 

If his brother started the petition 5 years ago he still has many years to wait before he can apply for the GC/adjust status.

You can check the visa bulletin here:  22 April 2007/ 1 March 2008. His category would be F4. 

Additionally, he cannot adjust to a GC if he is not in status/overstay as he is not an immediate relative. 

If he is working on the EAD from the marriage and the GC was denied then that work authorization is no longer valid. 

Your friend is in a bit of a bind. 

He should most definitely get a lawyer to help him with his second adjustment process if he decides to marry the second partner as he will probably be under more scrutiny. They will believe he married both/or one of the women purely for the immigration benefit not for love. 

Thanks for your advice. 

[Stein 260]

The OP said he arrived on a visitor visa so there could be no "sponsoring" by a brother.  Yes, he could have sponsored on a F4 but that's not how he arrived in the US based on the first post.

Edited August 23, 2023 by Stein

[Boiler 43,463]

The only thing that makes sense is that he was visiting, not sponsored, and did not go home.

 

Quite possible with the description that they could have the first marriage down as fraud so that would rule out adjusting through a subsequent marriage.

 

Does he have someone in mind to marry or is this theoretical

[Redro 4,600]

12 minutes ago, Stein said:

The OP said he arrived on a visitor visa so there could be no "sponsoring" by a brother.  Yes, he could have sponsored on a F4 but that's not how he arrived in the US based on the first post.

OP explained his friend received work authorization from his brother who sponsored him. We aren’t talking about first entry but how he is able to work. 

 

13 hours ago, Boiler said:

Which Country is he from?

 

How did he obtain work authorisation?

 

9 hours ago, frndly1 said:

He is from Nigeria.   His brother sponsored him here.