i am a k3 visa holder.My spouse asked for an annulment on the claims that iam a green card fraud. Which could not be proved ,I contested and she has now asked for a divorce on mutual agreement.If i agree and get divorced.can i marry a permanant resident and have a status in US.?
2007-03-10 02:24:54 · 6 answers · asked by ganesh 1 in Politics & Government ➔ Immigration
You come to the US as a spouse of a US citizen, get divorced after just a few months, then wonder about marrying an H1b who approached you, and now you are wondering about marrying a permanent resident, instead? This is obvious green card fraud.
Forget about all of the great advice you are getting from people who approach you who think they have outsmarted and out maneuvered US immigration requirements. You can marry anyone you wish, but it will not likely convey any (timely) immigration benefit to you - without a legitimate, viable marriage to your original K3 petitioner wife, you have no status and must leave the US.
2007-03-10 06:22:43 · answer #1 · answered by Curious1usa 7 · 3⤊ 0⤋
If you were married less than 2 years you will have to return to you own country and start over with the new spouse.
I'm not sure which state you live in, but there's not much to "agree" to about a divorce. The best you could do is drag it into court where the judge will grant the divorce over your objections.
2007-03-10 03:59:12 · answer #2 · answered by Yak Rider 7 · 0⤊ 0⤋
If you get divorced you will be immediately removable as you are no longer in status. In fact, probably just filing for divorce would be primae facie evidence that you are out of status. You would have to leave the United States immediately or be subject to deportation.
A permanent resident would have to submit their own petition on your behalf. I think it is a V-1. Unfortunately for you, those visas are only issued when you are already married and have been outside the U.S. for two years waiting for a visa to become available. After waiting two years for a visa to become available you could get the visa to wait in the U.S. with your spouse for the visa to become available. Spouses of permanent residents are preference 2A under family.
Check the via bulliten to see what date they are processing visa applications for for your country of citizenship.
Also check the link below for how a permanent resident petitions for a relative to recieve residency.
2007-03-10 07:14:00 · answer #3 · answered by anonymouse 3 · 2⤊ 1⤋
i pass a similar element. yet he doesnt' pick to pass lower back and wait. yet it is the only way. maybe you additionally could make a holiday of it, a raffle on your newborn to fulfill the different a million/2. i've got paid approximately 1300 USD just to start the technique. in simple terms be sure your newborn speaks english. My son would not and INS does no longer discriminate. No english.. it is not significant they deport then be sure. It does take a protracted time however the max time in case you have already got the papers filled out is in many situations 3 months. stable success
2016-11-23 19:09:02 · answer #4 · answered by ? 4 · 0⤊ 0⤋
If you have unconditional permanent residency, then yes. If all you have is conditional permanent residency then you would have to prove that you entered into the marriage in good faith.
I am sorry to say it, but I think you should make plans to return to your country of origin. That is preferable to losing your status, being forced out and not being allowed back.
2007-03-10 03:25:09 · answer #5 · answered by skip 6 · 0⤊ 1⤋
Sure sounds like you are involved in green card fraud!
Go ahead and try it, but the immigration officer will see it for what it is - "I want a Green Card no matter how!"
2007-03-10 03:40:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋