Green card chaser?

[Gerard]

This is my first post here. I'm trying to make sense of what has just happened lately. Just after my wife received her work permit and advanced paroll she has decided to live with 'friends' (says she is wanting a divorce). I'm told by someone that this is all she needs to get her green card; is this true? I haven't the slightest idea of whats going on these days lately.

 

p.s., this is not a prank post. Sincerely requesting your help.

[oregonknl]

Very Sad Story Gerard,

 

Can you please give us some more detals about your situation, location, history, and the history of your SO?

 

Tell us more about what is going on?

[Gerard]

Very Sad Story Gerard,

 

Can you please give us some more detals about your situation, location,  history, and the history of your SO?

Tell us more about what is going on?

I hesitate to give too many details at the moment. We were married just long enough for her to receive the EAD & AP. During the marriage she was always asking for divorce, not happy. I was told by a Chinese fellow who is well educated "now she has the AP, she can get the green card on her own". I was under the impression that *I* had to be a part of that process! I'm generally quite confused at the moment.

 

I do know that she spend alot of time on the computer researching stuff that really didn't have anything to do with a happy marriage and she always kept a password on her computer as if she had something to hide. I'm trying not to let my imagination get the better of me.

[oregonknl]

Well, the questions go to not only what her mind set is, but also what she can achieve...

 

But also in all different directions as well ... To have some understanding, it would be helpful to know some more background ---- how long in the US, how long together, nature of the relationship before immigration, etc.

 

Is it possible that you are wrong in your assumption?

[tonado]

Gerard,

 

Sorry for the news. I hope she didn't marry you for the green card. Unless you abuse her, I don't see how she can get a green card without you.

[Jeikun]

Gerard,

 

Sorry for the news.  I hope she didn't marry you for the green card.  Unless you abuse her, I don't see how she can get a green card without you.

Unless her English and job skills are good enough that she can use the EAD to get a job that will sponsor her in the USA on a work visa.

 

But yeah, as for a permanent resident (green) card. Unless she is divorcing you on grounds of abuse and it stands up, they will NOT give her one.

[Guest enight]

sorry to hear the sad news... there are always some gold diggers...

 

yes, she can get greencard even after a no fault divorce... she can marry to someone else then file I130 right away after divorced you, this way she keeps her status legally as a CR1.

[Gerard]

Thanks everyone. One of the details is that she IS trying to nail me as having abused her; fabricated a story. But if I do NOT divorce her then can she still get her green card? It seems from a post above that if I DO divorce her then she can proceed with the green card process, yes? I'm feeling that I was used as a stepping stone :-( . She was asking for a divorce very soon after we were married ...

 

enight, How does all this work? What is a CR1 & i130?

[frank1538]

Just some random thoughts. I don't see a connection between EAD/AP and the green card. I may be wrong, but I doubt that either confers any additional rights to a green card.

 

Again, I'm speculating here, but if she came to the US on a K-1, she is going or will be going through an adjustment of status process which will usually require an interview if you are still married. I think you'll be involved in this interview, so this may give you an opportunity to raise the legitimacy issues with USCIS.

 

If she divorces you and claims abuse, she might be able to remain in the US without remarrying. But, as enight points out, even without a claim of abuse, she can marry someone else and still go for the green card.

 

Sorry to hear about your problem.

[johnandrose]

It all depends on what *YOU* wanna do. Let us know what her current status is (K1, K3). Whatever it is, she needs to go through the AOS (Adjustment of Status) process and as mentioned above, you WILL be a part of the AOS process. Unless she already has another guy lined up to marry her as soon as you divorce her, she'll need a little time to aggange that. And you can use that time to notify USCIS about her tendency to *scam* guys. That might make it hard for her to do any future process through USCIS. Now, if she claims abuse (and can prove that somehow), things will get pretty messy for you.

 

Yours is a very sad story and I wish you all the luck.

[bobmal99]

Have you filed your AOS yet? She will never get a green card until this is filed, and you need to do this together!! EAD is only good for 90 days or one year. AP is only good for one time, unless you requested multiple entries. Sory to hear about your situation.

[yyp]

I would suggest if you want legal advice you should either contact USCIS or a immigration lawyer. In either case you can receive sound legal direction to your issue.

[Gerard]

Have you filed your AOS yet?    She will never get a green card until this is filed, and you need to do this together!!  EAD is only good for 90 days or one year. AP is only good for one time, unless you requested multiple entries.  Sory to hear about your situation.

The AOS has been filed but the interview has not occurred yet. I just mentioned the AP/EAD as a note to let everyone know how far along the process we were. She has the EAD for 1 year, and I don't recall what the conditions of the AP were--was just a letter sent to her name--but I don't recall requesting multiple entries.

 

My main concern/curiosity was if she was able to continue the green-card process (short of getting remarried) without any further involvement on my part (which is what the Chinese fellow had mentioned).

[Gerard]

Let us know what her current status is (K1, K3).

She came over on a K1 and we married within the 90 days. She was really pushing to get married! Then shortly after the marriage, she was starting to request a divorce!!

 

Whatever it is, she needs to go through the AOS (Adjustment of Status) process and as mentioned above, you WILL be a part of the AOS process.  

As mentioned to BobMal, the AOS process has been started but the interview has not occurred yet.

 

Unless she already has another guy lined up to marry her as soon as you divorce her, she'll need a little time to arrange that.

What she has lined up I don't know--that's her business at this point. Maybe there were others before me? :-/ She was concerned that I might not provide her a divorce quick enough it seemed.

 

And you can use that time to notify USCIS about her tendency to *scam* guys. That might make it hard for her to do any future process through USCIS.

Any pointers on how I would go about notifying USCIS?

 

Now, if she claims abuse (and can prove that somehow), things will get pretty messy for you.

This part concerns me ... If she WERE to claim abuse, how would that factor into her getting a green card? Would she be granted a green-card if she were able to prove abuse, or something like that?

[Gerard]

If she divorces you and claims abuse, she might be able to remain in the US without remarrying.

This is probably the crux of the issue. She did make an official claim of abuse (bogus, but has to be proven in court). So now I'm wondering if this was all planned from the beginning. Her time here was 'all about her' and really didn't show any interest in my life or a relationship.