A K-1 case with moral questions

[Christi85 86]

Hi everyone,

We recently had a family crisis. Basically my father in-law asked my mother in-law for a divorce after 32 years of marriage(!!!) and has reconnected with his college sweetheart (who's obviously in her mid-50s now, like he is) who he possibly met on Facebook. I'm not going to comment on the pain he has caused to his family with what obviously is a midlife crisis - I'm sure you're able to imagine that. But unfortunately there's more to that. That lady doesn't live in the US and isn't a USC. She is an Iranian citizen and lives somewhere in the world (but not in the US). They've already met twice (once in the US, while he was still living at the house he owns with his wife and before he announced the divorce to her) and once these days - he's currently on a trip outside of the US, probably visiting her. He hasn't openly admitted anything, but it doesn't seem like he particularly cares to hide things either, as it's been very easy to find written proof for all the above. It turns out he intends to bring her over to the US somehow. Now, before I go on, let me tell you that my in-laws are now legally separated, but the divorce isn't likely to be finalized and become official for several months, as they're still on financial negotiations among their lawyers.

We've been thinking about ways he could find to bring her to the US, and could only think of two: one would be to sponsor her as an employer, however he only runs a very small business (with two employees), so I don't even know if the size of his business even qualifies for that. Plus it's quite doubtful that he'll be able to prove she was the only right person for the job he could find and that he couldn't find anybody else in the US to do that job. So that doesn't sound too easy or convincing to the authorities.

SO, the other obvious option would be to bring her over as a fiancee and intending wife. BUT again, how easy is that given his circumstances? He's still legally married - can he claim that he got engaged to the new woman once he got legally separated? Doesn't that mean that he'd been cheating on his wife in the marriage? Or if he waits until after the divorce is finalized and claims they got engaged then, wouldn't it have any effect on the application that he was travelling to meet her while still legally married? I mean, wouldn't they get questionned for that? Would the authorities "like" a case when he's pretty much hopping from one marriage to another, and that the person he'll be marrying so quickly is applying for a green card through him? Wouldn't they also question HER honesty, HER motivation for being with him (i.e. wouldn't this be a red flag for scam - which we supsect could very well be the case)?

Basically I'd like to hear people's views/experiences to see how flexible Immigration can be with such cases with an obvious moral question mark. Do cases like these raise red flags or does Immigration not really care as long as there's no obvious legal violation? It feels so unfair that this man wants to have his cake and eat it, at least his Immigration case shouldn't have to be straightforward and painless.

Any experiences of cases that are like this and how they go down with Immigration???

[JohnSmith2007 353]

Nothing can happen until he is divorced. He cannot file any K-1 paperwork at all. The USCIS doesn't care about the morals of the situation, only that they are both single and free to marry. At the interview they may ask about the timing of the divorce and application but they will only care if it is a legit relationship and no marriage fraud is involved.

[goonergirl 2]

I'm sorry to hear that your family is going through all of that, but I don't think there is much you can do. If he does have a real relationship with this new woman (which he will have to prove to the immigration officials) and they want to get married, then once he is officially divorced (and only then) he can petition for her to come over as his fiance. Adultery by itself is not a grounds for visa denial.

[1HappyGuy 45]

Like the others have stated, he can do nothing until his divorce is final. He may have problems later with sufficient income if his wife's lawyers get their way.

As far as trying another method, the requirements for someone to fill a job are tough and very specific. The intended employee must have certain skills that can't be filled by someone already in this country. Obviously sleeping with the boss is not a special skill.