Noorah101

She said in post #6 that he has a CR-1 visa.

It doesn't seem that he is. She said she was 28 and had a son, already. To me, that means the Egyptian man she married is not the child's father. She returned to the USA after getting married in Egypt, to return to Egypt with her son.

Just to sum up, what you're suggesting is that they DO come to the USA together, but once here, she files for divorce and notifies USCIS that she thinks the marriage was fraudulant?

Rene

LegalEagle

Sorry, missed that one on Cr-1 visa. As I was reading the writings of this young woman and others, I was interrupted with having to meet with several people. However, I would still like her to answer some of the questions I posed in order for me and perhaps others to give good feedback.

Several things she should know:

1. American citizenship will help you as much as our governmental representatives there can assist you. However, Egyptian law will prevail as long as you are married to an Egyptian citizen. Be proud but beware.

2. He cannot use the CR-1 visa to come to the US without her coming with him.

3. The Egyptian divorce process will take a very long time. If he contests the divorce, it will take years should she decide to carry-out her intentions. While the marriage took place in Egypt, she can still divorce him in the US. Legally, she would be free of him anywhere in the world except Egypt. Just never return to Egypt. That would be a huge mistake.

Nilah

    > > She said in post #6 that he has a CR-1 visa.
    > > It doesn't seem that he is. She said she was 28 and had a son,
    > > already. To me, that means the Egyptian man she married is not the
    > > child's father. She returned to the USA after getting married in
    > > Egypt, to return to Egypt with her son.
    > > Just to sum up, what you're suggesting is that they DO come to the
    > > USA
    > > together, but once here, she files for divorce and notifies USCIS
    > > that
    > > she thinks the marriage was fraudulant?
    > > Rene
    > Sorry, missed that one on Cr-1 visa. As I was reading the writings of
    > this young woman and others, I was interrupted with having to meet
    > with several people. However, I would still like her to answer some
    > of the questions I posed in order for me and perhaps others to give
    > good feedback.
    > Several things she should know:
    > 1. American citizenship will help you as much as our governmental
    > representatives there can assist you. However, Egyptian law will
    > prevail as long as you are married to an Egyptian citizen. Be proud
    > but beware.
    > 2. He cannot use the CR-1 visa to come to the US without her
    > coming with him.
    > 3. The Egyptian divorce process will take a very long time. If he
    > contests the divorce, it will take years should she decide to carry-
    > out her intentions. While the marriage took place in Egypt, she can
    > still divorce him in the US. Legally, she would be free of him
    > anywhere in the world except Egypt. Just never return to Egypt.
    > That
    > would be a huge mistake.
    > --

Yes, he does have a CR-1 visa. He does not have a job in the USA, yet.
He is currently not working in Egypt, either. He had a previous
restaurant that folded sometime ago. He basically does not have
anything but the desire to live the "American Dream".

--
Posted via http://expatforums.com

ian-mstm

I beg to differ. Egyptian law will prevail only as long as she is in Egypt, whether she's married to an Egyptian citizen or not.

Ian

janadeen

Hmmm ... it would appear Legal Eagle, is not

You are correct Ian!

LegalEagle

Well you are both wrong. She will always be married in Egypt under Egyptian law if not divorced in Egypt. If you had read my answer correctly, you would have seen that should she divorce him in the US then she is legally divorced and can remarry someone else anywhere in the world except Egypt.

Should she return to Egypt after her divorce in the US, the divorce here will not be recognized. Of course, the same goes for her Egyptian husband. I do know the legalities involved here.

LegalEagle

[Yes, he does have a CR-1 visa. He does not have a job in the USA, yet.
He is currently not working in Egypt, either. He had a previous
restaurant that folded sometime ago. He basically does not have
anything but the desire to live the "American Dream".

--
Posted via http://expatforums.com[/QUOTE]
Thanks. So, you would be his financial support along with his cousin who probably will not in reality will contribute little or nothing. The "American Dream" is just that. Determination and hardwork either makes you or the lack of it breaks you.

If divorce is your intention, I would advise you to leave Egypt if you can without him and divorce him here. Then send your letter and copies of any documentation to USCIS and request to be withdrawn as a financial supporter. Since he is not the birth father of your son, he has no legal ties to keep you married to him or to seek custody (internationally or otherwise) of your son.

I am assuming that you are in possession of your and your son's passport and have enough freedom to be able to purchase the tickets and get to the airport without his knowledge. You said he was not working and this alone may now be a problem with him at home so much.

I wish you good luck.

Noorah101

Two questions:

1. What's to prevent him from coming to the USA either with her or right after her?

2. If he does enter the USA before they're divorced (which is entirely possible, since divorce even in USA takes a few months to process), then she is still his financial sponsor, even if divorce is granted. So what's the use of sending a letter and documentation (documentation of what, by the way?) to USCIS? She can't be withdrawn; the I-864 is still legally binding even after divorce.

Rene

LegalEagle

I have a person who has first-hand knowledge of a situation such as yours who married an Egyptian man and faced similar problems. She would like to talk with you privately. However, it appears that you have not completed the profile portion of the membership and she cannot send you a private message. If you do so soon, she will be glad to talk with you. I think you will find this very helpful to you.

Elvira

The OP isn't even registered at www.britishexpats.com - she is posting via Usenet.

LegalEagle

Of course he can enter the US as a permanent resident under the CR-1 visa.

Of course he can contest the divorce in the US and she is still responsible for the his financial support. But.....and this is a real "BUT", there is no such word as "can't" in the legal world. While the divorce here will also take some time, she can file here under irreconcilable differences and he can contest it until the cows come home and it is 99.9% certain that she will receive the divorce since her child is not his birth child and I assume has not been adopted. In Egypt......this will not happen!

As for the documentation, the meaning here is a comprehensively worded document to be prepared by a good immigration attorney on her behalf explaining why she divorced her husband based on her reasons that he committed fraud in marrying her and has not lived up to the meaning of husband in a legal, marital or personal sense. USCIS may not consider the charges. Yet, they may. They are very concerned with fraud these days. However, she has a better chance with this course of action than all those exposed here-to-fore.

scrubbedexpat099

I have a horribly feeling that this Retire to Italy under a new guise.

Elvira

The thought occurred to me too but overall I think LE's English is too good...

Of course it is entirely plausible that RTI's legalistic nonsense is just a ploy to wind us up...

meauxna

I already looked into that.
Negatory on first blush.

meauxna

LE: You may have missed the point she started out with: she does not want this man to benefit immigration-wise from a (false) relationship with her.

Her first goal was how to keep him from exercising the immigrant visa by either getting the consulate to recall it or getting her petition pulled before he hits the POE. He can not enter without her, or unless she's entered first (still looking for evidence of that rule).

Maybe there doesn't even have to be any fraud proved---she can change her mind at this point. And, USCIS doesn't even have to be involved in the decision.