sew2

8 years ago a friend married a USC by AOS and was given a GC, 2 years later she returned to the UK hoping that her spouse would come and live over in the UK away from his too close family. This didn't happen and the USC spouse divorced her a year later.
My friend has never returned to the USA until now - a three week vacation- and has taken up a relationship with a USC/man she knew previously.
They wish to get married and Adjust Status as was done 8 years ago.
Any advice/comments on this peculiar situation?

Just Jenney

They can either get married now and she return to the UK before her I-94 expires and start the K3 spousal visa process; OR she can return to the UK before her I-94 expires and start the K1 fiancee visa process. The question is whether they want to be separated as fiances or husband-and-wife.

Since she only planned to visit the US for a three-week vacation then she has lots of loose ends to tie up back in the UK first before moving permanantly to the US -- moving her stuff over, selling her house or getting out of her lease, quitting her job, getting funds/bank accounts organized, etc. If she doesn't have to do any of that then it might be difficult to prove she lacked intent to immigrate when she entered the POE.

~ Jenney

Noorah101

Her previous marriage to a USC shouldn't cause any problems. That all must be disclosed on her new application, of course.

She can either get married while in the USA, and return to the UK before her I-94 expires, in order to pursue an immigrant visa (with maybe the K-3 as backup), OR she can return to the UK without getting married first, and they can pursue the K-1 fiance visa. The choice is totally theirs...as Jenney said, it depends if they want to be separated as a married couple or an engaged couple.

Best Wishes,
Rene

ian-mstm

Here's some advice... tell your friend to think seriously about marriage this time! When you marry someone, you also end up having to deal with their family... for better or worse... and it seems she wanted him all to herself. Perhaps she was insecure. Perhaps she was jealous of his relationship with them. Perhaps he was a momma's boy and didn't really need a wife... and perhaps this is going to happen all over again with this new guy.

Ian