Divorce and Remarriage
Jan 29th 2005, 5:31 am
#31
Guest
Posts: n/a
Re: Divorce and Remarriage
Bob wrote:
>>I'm sure this has been asked before, but there are a lot of pages and
>>the search function isn't very good. I am currently seeing a Russian
>>woman (I am a US citizen) who is here, married to another man. We
>>know this situation is not good, as her marriage started off as legit,
>>but her hubby turned out to be the cold type, and nothing she does
>>seems to make him want her anymore. She is happy to stay married the
>>year+ she still needs to to apply for citizenship, but should her
>>husband find out about us, things may turn to divorce very quickly.
>>Anyway, my question is, if he decides to take a fast track to divorce,
>>is there any way I could marry her to get her to stay, or is it back
>>to Siberia for her to start the whole process again?
>
>
> Once devorced, you could marry and then file for her AOS yourself I'm
> sure, as long as she doesn't leave the country.
> Might want to see an immigration solicitor for a consult though to go
> through the whole processes...
> www.aila.org
>
> welcome to the site btw.
>
I'm not sure why an adjustment would always be necessary; it would
depend on her status at the time.
For example, if she adjusted based on this marriage but the conditions
have already been removed, then an adjustment wouldn't be necessary even
if she did divorce -- the burden would be on the government to prove
marriage fraud and institute rescission proceedings. Unless the
government did so (and it usually doesn't if there is another USC spouse
in the meantime), then she would be a lawful permanent resident still
notwithstanding the divorce and remarriage.
My legal point is that divorce doesn't automatically nullify resident
status any more than marriage automatically confers it. In both cases,
there is a process.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
>>I'm sure this has been asked before, but there are a lot of pages and
>>the search function isn't very good. I am currently seeing a Russian
>>woman (I am a US citizen) who is here, married to another man. We
>>know this situation is not good, as her marriage started off as legit,
>>but her hubby turned out to be the cold type, and nothing she does
>>seems to make him want her anymore. She is happy to stay married the
>>year+ she still needs to to apply for citizenship, but should her
>>husband find out about us, things may turn to divorce very quickly.
>>Anyway, my question is, if he decides to take a fast track to divorce,
>>is there any way I could marry her to get her to stay, or is it back
>>to Siberia for her to start the whole process again?
>
>
> Once devorced, you could marry and then file for her AOS yourself I'm
> sure, as long as she doesn't leave the country.
> Might want to see an immigration solicitor for a consult though to go
> through the whole processes...
> www.aila.org
>
> welcome to the site btw.
>
I'm not sure why an adjustment would always be necessary; it would
depend on her status at the time.
For example, if she adjusted based on this marriage but the conditions
have already been removed, then an adjustment wouldn't be necessary even
if she did divorce -- the burden would be on the government to prove
marriage fraud and institute rescission proceedings. Unless the
government did so (and it usually doesn't if there is another USC spouse
in the meantime), then she would be a lawful permanent resident still
notwithstanding the divorce and remarriage.
My legal point is that divorce doesn't automatically nullify resident
status any more than marriage automatically confers it. In both cases,
there is a process.
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
