Marriage without a Green Card

[GuangxiLee 0]

A friend of mine has met a Russian woman and they are really serious about getting married soon. She was married to American man for a few shorts months and she left him because she was being abused by him. She has filed for the Abuse Clause with USCIS. She has no word yet on her case. He wants to know if they can be married without the Green Card or do they have to wait until she can get the Green Card.

[spookyturtle 9,466]

I think she has to be legally divorced before she can re-marry. She can get married again, but adjusting status will be the problem depending upon the circumstances of her case.

[GuangxiLee 0]

She has been divorced for 5 months now. What they are concernrd about is it legal to remarry before the Green Card is given.

[spookyturtle 9,466]

In the US you can marry anyone you want, legal, illegal etc. I'm live in a state where same sex marriages are sanctioned. The problem is adjusting status after the marriage. Did she file for AOS with her previous husband?

[lostinblue 1,989]

The biggest question would be how the government would look at the case. Did she marry 1st husband so she could enter the US . In a short marriage divorce 1st husband so she could marry her lover who could not bring her here on his own. Now maybe this did not happen but it has happened before and may cross the governments mind as a scam to enter this country. I think it would be wise to get married after her dealings with the government is over.

[pushbrk 13,114]

The issue isn't marriage, it's AOS.

[GuangxiLee 0]

I know it sounds fishy that she was married only a few short months and then leaves her new American Husband and claims abuse. I do not know if her husband abused her or not. My friend met her about 5 months ago and they have hit it off very well. She told me that she never filed a police report on this. She claims he threatened her life by pulling a knife on her and was going to make sleep outside. Also she claimed that he has a very bad temper and was always threatening to send her back to Russia all the time if she did not conform to his wishes. She did go down and file a restraining order on him for him to stay away from her. She also said her former husband never filed the AOS paper work for her to get the Green Card.

[joelunchbox 0]

Here is a thought....DAte for a year and then see where you stand.

I am coming to believe that there is a reason why it takes as long as it does to get a visa.

We are two months away from our first little, "Would you like to know more about me?" emails.

Married last april, AOS completed last friday.

We still hit the occasional bump in the road but we know each other well enough to know what is going on and don't react to every little thing.

[GuangxiLee 0]

Here is a thought....DAte for a year and then see where you stand.

I am coming to believe that there is a reason why it takes as long as it does to get a visa.

We are two months away from our first little, "Would you like to know more about me?" emails.

Married last april, AOS completed last friday.

We still hit the occasional bump in the road but we know each other well enough to know what is going on and don't react to every little thing.

I recomended to them to date also for a year or so and get to know each other better. My fiancee and I are waiting for our P-3 to come soon. During this time we have gotten to know each other better via e-mails, webcam chats, phone calls and a 3 week visit by me with her. I also plan on returning to China in October for two weeks.

No matter how long you know someone you do not really know them until you live with them. The commitment to the marriage must be there to make it work.

[diadromous mermaid 36]

The issue isn't marriage, it's AOS.

Acutally in this case, the marriage is an issue. If she filed a VAWA claim, remarrying can make the petition invalid.

[joelunchbox 0]

Here is a thought....DAte for a year and then see where you stand.

I am coming to believe that there is a reason why it takes as long as it does to get a visa.

We are two months away from our first little, "Would you like to know more about me?" emails.

Married last april, AOS completed last friday.

We still hit the occasional bump in the road but we know each other well enough to know what is going on and don't react to every little thing.

OOppss meant to say we are two months away from our TWO YEAR ANNIVERSARY of our first internet meeting. Wow, that makes a little bit of difference....

[KarenCee 3]

I know it sounds fishy that she was married only a few short months and then leaves her new American Husband and claims abuse. I do not know if her husband abused her or not. My friend met her about 5 months ago and they have hit it off very well. She told me that she never filed a police report on this. She claims he threatened her life by pulling a knife on her and was going to make sleep outside. Also she claimed that he has a very bad temper and was always threatening to send her back to Russia all the time if she did not conform to his wishes. She did go down and file a restraining order on him for him to stay away from her. She also said her former husband never filed the AOS paper work for her to get the Green Card.

^^^^ This part is where I think your friend will have problems. At least I *think* she will. Can she file AOS by herself if she can successfully prove she has been abused by her USC spouse?

[pushbrk 13,114]

I know it sounds fishy that she was married only a few short months and then leaves her new American Husband and claims abuse. I do not know if her husband abused her or not. My friend met her about 5 months ago and they have hit it off very well. She told me that she never filed a police report on this. She claims he threatened her life by pulling a knife on her and was going to make sleep outside. Also she claimed that he has a very bad temper and was always threatening to send her back to Russia all the time if she did not conform to his wishes. She did go down and file a restraining order on him for him to stay away from her. She also said her former husband never filed the AOS paper work for her to get the Green Card.

^^^^ This part is where I think your friend will have problems. At least I *think* she will. Can she file AOS by herself if she can successfully prove she has been abused by her USC spouse?

Yes, but as the Mermaid has aptly noted, remarriage can invalidate the VAWA claim, making AOS through the second husband virtually impossible. There's nothing to stop them from marrying but its a bad idea until the immigration issues are dealt with.

Edited August 12, 2008 by pushbrk

[payxibka 10,047]

I know it sounds fishy that she was married only a few short months and then leaves her new American Husband and claims abuse. I do not know if her husband abused her or not. My friend met her about 5 months ago and they have hit it off very well. She told me that she never filed a police report on this. She claims he threatened her life by pulling a knife on her and was going to make sleep outside. Also she claimed that he has a very bad temper and was always threatening to send her back to Russia all the time if she did not conform to his wishes. She did go down and file a restraining order on him for him to stay away from her. She also said her former husband never filed the AOS paper work for her to get the Green Card.

Contrary to popular belief, the AOS application is not an application filed by the USC, but is an application filed by the alien spouse him or herself (which includes documentation provided by or from the USC).

[KarenCee 3]

Yes I am very aware that the AOS app is the alien's application (having a foreign spouse who has done this). I know terminology is of the utmost importance here as well so let me see if I can be succinct (you know, that means as clear as possible). I meant that since the AOS requires the I-864 (you know, that affidavit of support form that the USC has to supply) I felt that the person in question would have difficulty with successfully adjusting on her own unless a claim of abuse (you know, VAWA) is filed. IF, perchance, I am in the wrong direction I am quite sure there will be someone to come and guide this in the correct direction.

Clear as mud?