lfaridi

hi all,

my husband has a friend who married a woman from arkansas and will be coming in on a CR1. during their 16 month wait, the wife became unfaithful and now has told her husband that he should wait to come over coz she needs time to *think*. he will be coming next week and staying with my husband and i, then travelling on to arkansas to face his wife and make her choose. my question is, what should he do if she decides to stay with her lover rather than her husband? would he still be allowed to remove conditions even tho he never lived with her?

thanks in advance.
linda

Rete

Yes. He would have to prove that the marriage was entered into in good faith, blah, blah, blah. That requires lots of documentation, i.e. financial, social, etc. Since they have never "lived" together gathering much of that information might be difficult for him but can be done. He does not have to wait until the 2 years less 90 day period to apply for removal of conditions but can do so as soon as the divorce is final.

BTW why would he want to live in the US if he has never lived here before, has no life here, has no wife here, etc.

Rete

ian-mstm

I wonder the same thing. I also wonder if the wife knows she's still on the hook financially even if they divorce!

Ian

Folinskyinla

Hi:

Consult with a good lawyer. I'm not kidding. I've had cases [the "s" is not a typo] where the marriage broke up with days of alien spouse's entry and the I-751 was granted [including one where US spouse obtained a nullity judgment based upon immigrationf fraud -- the former INS approved the I-751 administratively! The transcript from the nullity trial was something else and INS thought the state judge was nuts!]

lfaridi

thanks rete,

he wants to make things work with his wife. he does love her. but if that doesnt happen, he has a better opportunity of a better life here in the states than he does in his home country of morocco.

linda

USA & Pakistan

Especially when one considers how the divorce would be viewed over there. Good luck to them.

Marnee