triniemprezzc

Good Morning I have 2 question to ask
1. A very good friend of mines who I grew up with is an American Citizen and he's military. The situation is that he got married because his girlfriend got pregnant and he gived her her papers. We alway remained good friends and I now live in Trinidad. He's in the process of getting a divorced and I wanted to know if we get married could he give me my papers since he did it for his first wife?

2. Is there a certain amount of time he needs to wait before he could do that?

Ray

Yes!!! after he is divorced ....

triniemprezzc

Thanks for answering my question but do you know if there a waiting period or is it something that can be done right away?

ian-mstm

He didn't "give her" anything. As the spouse of a US citizen, she was eligible to apply for a green card.


Yes, probably. But if you get married specifically to get a green card, then you could be charged with fraud - and that might result in a permanent ban from the US.


Once he's divorced, no.

Ian

triniemprezzc

No im not getting married for a green card as I said we've been very good friends from since we were 13yrs. We alway liked one another but with different things happenning in both of our life we never really got together, but we were always in contact with one another.

ian-mstm

Ah, you want to marry because you both truly love each other deeply... and if for some reason you weren't eligible for a green card, you'd still want to marry him! Good to know.

Ian

crg

Is this a friend or a boyfriend?

It's amazing how the chance at a green card can make a USC so much more attractive.

Noorah101

He needs to be divorced and have the divorce decree in hand before he can file anything towards a visa for you.

After that, you guys have a choice of doing a K-1 fiance visa, or a CR-1 Immigrant Visa (spouse).

When he's divorced and you have questions about the specific visa you want to pursue, come back with more questions if you have them.

Rene

triniemprezzc

If I was looking for someone to marry just for a green card I would of done that a long time ago because I lived in the US since I was 13yrs and I left when I was 30yrs. When I get married I want to get married for the right reasons not reason.

ian-mstm

You lived in the US for 17 years? Were you legal? I'm asking because it may seriously affect how you proceed. For example, if you were in the US illegally, you received an automatic 10-year ban when you left the US... and you won't be able to return until those 10 years are up.

Ian

triniemprezzc

Yes I was illegal but the funny thing is that I got a ss# and I worked and filed taxes. My mom was filing for me so thats how come i have a SS# but i dont know exactly what going on with that. I have 5 kids that was born up there and still lives up there. Im aware of the 10 yrs ban but isnt there a penalty you could pay and that 10 yrs ban would be removed. Also doesn't it depend on the state.

Just Jenney

Both untrue. A 10-year ban is a 10-year ban. You must wait for it to expire before you can reenter the US. There is no fine you can pay to have it lifted. The fact that you paid taxes and have an SSN are totally irrelevant.

Also, immigration is handled by the federal government, not state governments.

~ Jenney

ian-mstm

If the marriage to the USC guy doesn't work out for you, then when your oldest child turns 21, he/she can file a family-based immigrant visa petition for you - and you'll likely have a green card within the year (well, once the ban expires).

Ian

Rete

Just note that your marriage (and probably his first one as well) will be scruntized thoroughly by the USCIS since this is his second marriage in x number of years to a foreign citizen.

Be sure that you document your lives together socially and financially and that all your ducks are in a row. In a case such as yours, I most definitely would like to see the two of you go for a consultation with a good and reputable immigration attorney to get their opinion on your situation.

Rete

Also note if at anytime during your years in the US you marked anywhere that you were a USC, i.e. social security papers, or voted in a federal or state election, you will be permanently banned from the US.

If you left the US before you were 18 years old, all would have been fine but since you left after you were 18, the ban is enforceable.