Canadian already married, looking to divorce, remarry.

[cminisci 0]

So my girlfriend is a canadian citizen. She got married to a US citizen about a year and a half ago. She is no longer with him, they were going to ride out the rest of the marrige, but things went downhill, and now she is looking to end that. She wants to marry me though. This is NOT strictly a "marry for greencard" thing. The person she is married to, is abusive, on drugs, and making life terribly difficult on her, and causing all kinds of problems. I dont think that AOS has been filed for yet. What are the ramifications of her getting a divorce from this guy, and getting remarried to me, and things being ok (citizenship status wize) either way, she needs to get this divorce, and what is the best way to go about it, without risk of her getting deported? What is the best, and easiest way to go about this? An additional factor is that she married him in california, and now shes living with me in oregon. Now the INS is contacting her family wondering why she is in oregon now. How do i make things kosher, I dont want her to have to go back to california, or worse to have to go to canada...

[payxibka 10,047]

So my girlfriend is a canadian citizen. She got married to a US citizen about a year and a half ago. She is no longer with him, they were going to ride out the rest of the marrige, but things went downhill, and now she is looking to end that. She wants to marry me though. This is NOT strictly a "marry for greencard" thing. The person she is married to, is abusive, on drugs, and making life terribly difficult on her, and causing all kinds of problems. I dont think that AOS has been filed for yet. What are the ramifications of her getting a divorce from this guy, and getting remarried to me, and things being ok (citizenship status wize) either way, she needs to get this divorce, and what is the best way to go about it, without risk of her getting deported? What is the best, and easiest way to go about this? An additional factor is that she married him in california, and now shes living with me in oregon. Now the INS is contacting her family wondering why she is in oregon now. How do i make things kosher, I dont want her to have to go back to california, or worse to have to go to canada...

If AOS has not been applied for... what is her current status? What was she granted at her last entry into the US?

[emt103c 10]

It is going to look very suspicious in the case of someone who is either on a k1 AOS'ing to CR-1 or CR-1 AOS'ing to IR-1 to divorce and immediately re-marry another USC and immediately file again. To describe your options we need more info like, what is her current status?? Is there documentation of abuse?

If she is here on a k-1 (fiance AOS to CR-1) then she has to go back before they will allow her to petition again as the spouse or fiance of a different USC.

If she is going from CR-1 to IR-1 where she entered as the spouse, she may be eligible to file to remove conditions without the spouse due to abuse, etc. . .in this case she can get the divorce and adjust and then marry you, without the considereation of immigration as to the validity of your marriage, because it would be moot.

Also, it does not sound good that she is being contacted by USCIS asking about the move. It sounds like she may have already been reported, you need to get to the bottom of that. If she did not report the address change to USCIS, she also must to that. . .it is required.

Edited July 7, 2008 by emt103c

[bhajishah 4]

Here HEre wt heck is wrong with Canada!!!!!!!!????????

[payxibka 10,047]

It is going to look very suspicious in the case of someone who is either on a k1 AOS'ing to CR-1 or CR-1 AOS'ing to IR-1 to divorce and immediately re-marry another USC and immediately file again. To describe your options we need more info like, what is her current status?? Is there documentation of abuse?

If she is here on a k-1 (fiance AOS to CR-1) then she has to go back before they will allow her to petition again as the spouse or fiance of a different USC.

If she is going from CR-1 to IR-1 where she entered as the spouse, she may be eligible to file to remove conditions without the spouse due to abuse, etc. . .in this case she can get the divorce and adjust and then marry you, without the considereation of immigration as to the validity of your marriage, because it would be moot.

Also, it does not sound good that she is being contacted by USCIS asking about the move. It sounds like she may have already been reported, you need to get to the bottom of that. If she did not report the address change to USCIS, she also must to that. . .it is required.

Just for clarification... There is no such thing as K1 AOS'ng to CR-1 or CR-1 AOS'ng to IR-1.....

A K1 will AOS to LPR. A CR-1 upon arrival receives immediately LPR status with no further AOS'ng required. A K1 and a CR1 will most likely need to "remove conditions" after two years but this is NOT AOS.

Edited July 8, 2008 by fwaguy

[LadyJane 1]

Your GF can file to remove conditions on her CR1 visa on her own, she needs to show that she entered into the marriage with good intentions and they did have a bonafide marriage.

[LaL 418]

Your GF can file to remove conditions on her CR1 visa on her own, she needs to show that she entered into the marriage with good intentions and they did have a bonafide marriage.

I do not think he has clarified what visa the gf has enetered on, also see his statement below.

I dont think that AOS has been filed for yet.

[LadyJane 1]

Your GF can file to remove conditions on her CR1 visa on her own, she needs to show that she entered into the marriage with good intentions and they did have a bonafide marriage.

I do not think he has clarified what visa the gf has enetered on, also see his statement below.

I dont think that AOS has been filed for yet.

Indeed! Maybe the OP can help us with a bit more information?

[emt103c 10]

It is going to look very suspicious in the case of someone who is either on a k1 AOS'ing to CR-1 or CR-1 AOS'ing to IR-1 to divorce and immediately re-marry another USC and immediately file again. To describe your options we need more info like, what is her current status?? Is there documentation of abuse?

If she is here on a k-1 (fiance AOS to CR-1) then she has to go back before they will allow her to petition again as the spouse or fiance of a different USC.

If she is going from CR-1 to IR-1 where she entered as the spouse, she may be eligible to file to remove conditions without the spouse due to abuse, etc. . .in this case she can get the divorce and adjust and then marry you, without the considereation of immigration as to the validity of your marriage, because it would be moot.

Also, it does not sound good that she is being contacted by USCIS asking about the move. It sounds like she may have already been reported, you need to get to the bottom of that. If she did not report the address change to USCIS, she also must to that. . .it is required.

Just for clarification... There is no such thing as K1 AOS'ng to CR-1 or CR-1 AOS'ng to IR-1.....

A K1 will AOS to LPR. A CR-1 upon arrival receives immediately LPR status with no further AOS'ng required. A K1 and a CR1 will most likely need to "remove conditions" after two years but this is NOT AOS.

When you arrive as a fiance, and then you get married, you adjust to a permanent resident, but it is a conditional permanent resident (CR.) After two years, you must file to remove the conditions to become a Permanent Resident (IR.)

I understand that maybe it is not referred to technically as "AOS" but without the information on what type of resident she is, I was trying to break things down to simple terms. . .basically you are a conditional resident until you've been married for two years, whether you enter as a fiance or spouse. In simple terms, you are "adjusting your status" even though they are different forms and called something a little different. My apologies for oversimplifying.

[zqt3344 21]

What visa did she enter on?

So my girlfriend is a canadian citizen. She got married to a US citizen about a year and a half ago. She is no longer with him, they were going to ride out the rest of the marrige, but things went downhill, and now she is looking to end that. She wants to marry me though. This is NOT strictly a "marry for greencard" thing. The person she is married to, is abusive, on drugs, and making life terribly difficult on her, and causing all kinds of problems. I dont think that AOS has been filed for yet. What are the ramifications of her getting a divorce from this guy, and getting remarried to me, and things being ok (citizenship status wize) either way, she needs to get this divorce, and what is the best way to go about it, without risk of her getting deported? What is the best, and easiest way to go about this? An additional factor is that she married him in california, and now shes living with me in oregon. Now the INS is contacting her family wondering why she is in oregon now. How do i make things kosher, I dont want her to have to go back to california, or worse to have to go to canada...

[payxibka 10,047]

When you arrive as a fiance, and then you get married, you adjust to a permanent resident, but it is a conditional permanent resident (CR.) After two years, you must file to remove the conditions to become a Permanent Resident (IR.)

I understand that maybe it is not referred to technically as "AOS" but without the information on what type of resident she is, I was trying to break things down to simple terms. . .basically you are a conditional resident until you've been married for two years, whether you enter as a fiance or spouse. In simple terms, you are "adjusting your status" even though they are different forms and called something a little different. My apologies for oversimplifying.

When you receive your green card you are a LEGAL PERMANENT RESIDENT (LPR). Some LPR's have a two year condition attached that must be removed.

You are right it is not AOS but "Removing Conditions"... as you cannot adjust your status from permanent resident to permanent resident, but removing the conditions of your residency... subtle but very important difference...

PS. IR typically means immediate relative not permanent resident without conditions....

[rin and john 71]

The OP needs to confirm how she entered (type of visa or VWP) and what her current status is (AOS filed or not; visa valid or expired, overstay on VWP, etc).