Divorce inside 2 year GC and wanting to remarry

[caityjaned 0]

Good Morning!

I am a 2 year GC holder, all is going well and according to plan thanks to Visa Journey and you guys My closest friend is going through some much more serious issues. She's from the UK and I met her while she was also filing her paperwork. She's just over one year into her GC and while she did enter her marriage in good faith, being young and whatever else has caused them to divorce at 1yr 2mnths. Which was all fine, I was ready to help her with the ROC by herself...the situation got a little more confusing however when she met a great guy, having been together for 4months and virtually inseprable she's recently found out she's pregnant. Her plan is to stay here for two yearsish until they can jointly save enough money to imigrate back to the UK. It's all gone a bit over my head...does anyone have any other advice? Her divorce was finalised last week, her 2year GC runs out on November 2011 and she's hoping to eventually be able to travel between the UK and US at some stage so her partners family can see their grandchild/children since the dad is an only child. What a mess!!

Thank you for all your help and suggestions!

[VanessaTony 3,567]

I am a 2 year GC holder, all is going well and according to plan thanks to Visa Journey and you guys My closest friend is going through some much more serious issues. She's from the UK and I met her while she was also filing her paperwork. She's just over one year into her GC and while she did enter her marriage in good faith, being young and whatever else has caused them to divorce at 1yr 2mnths. Which was all fine, I was ready to help her with the ROC by herself...the situation got a little more confusing however when she met a great guy, having been together for 4months and virtually inseprable she's recently found out she's pregnant. Her plan is to stay here for two yearsish until they can jointly save enough money to imigrate back to the UK. It's all gone a bit over my head...does anyone have any other advice? Her divorce was finalised last week, her 2year GC runs out on November 2011 and she's hoping to eventually be able to travel between the UK and US at some stage so her partners family can see their grandchild/children since the dad is an only child. What a mess!!

It's not a mess at all. She files ROC for herself based on a good faith marriage. Her new partnership is ONLY relevant if it goes to prove her original marriage wasn't based on good faith (meaning it is irrelevant to HER process).

She needs to show all the proof she normally would for a self-petitioned ROC (joint accounts, joint insurance etc). THAT is her priority if she wants to remain in the US. Then she can deal with all the UK immigration stuff.

Edited November 20, 2010 by Vanessa&Tony

[Dakine 26]

It's not a mess at all. She files ROC for herself based on a good faith marriage. Her new partnership is ONLY relevant if it goes to prove her original marriage wasn't based on good faith (meaning it is irrelevant to HER process).

She needs to show all the proof she normally would for a self-petitioned ROC (joint accounts, joint insurance etc). THAT is her priority if she wants to remain in the US. Then she can deal with all the UK immigration stuff.

What's the hurry to remarry? Wait until the smoke ckears.

[caityjaned 0]

What's the hurry to remarry? Wait until the smoke ckears.

I don't think she wants to remarry yet if she can do it another way. Maybe one day back in the UK but not again in the US i don't think.

[Fandango 1,439]

The 10 year GC is not going to help her if they officially move back to the UK, as it will be deemed she abandoned her GC. I don't recall how long you're allowed to stay out before that happens, but I'm sure someone will come along and add to the discussion.

Long term her plan would best be naturalization before emigrating back to the UK, so she can come and go freely between both countries.

Good luck to your friend!

[VanessaTony 3,567]

The 10 year GC is not going to help her if they officially move back to the UK, as it will be deemed she abandoned her GC. I don't recall how long you're allowed to stay out before that happens, but I'm sure someone will come along and add to the discussion.

Long term her plan would best be naturalization before emigrating back to the UK, so she can come and go freely between both countries.

Good luck to your friend!

She can stay out of the country for up to 12 months before needing a re-entry permit, and then it's 2 years.. BUT after any period of stay outside the US of 6 months+. CBP can assess whether they think she's abandoned her residency.

Lisa is right, her best bet would be to file for naturalisation. Now that she is divorced from the USC, she needs to be an LPR for 5 years. If she was still married to him it's only 3 years. There's a date on her greencard "resident since". 5 years minus 90 days (so 4 years and 9 months) from the "resident since" date on that card is how long she needs to have been a resident for before she can apply for naturalisation.

Once that is complete she is a dual UK/US citizen and she can leave and come back as often as she wants. Or even stay in the UK for life if she wants. This is the best idea as her child is a UKC and USC by birthright (one parent being a USC and the other being UK).

If she marries at any stage before becoming a USC that doesn't affect how long it take her to naturalise, nor does it affect her ability to naturalise. It is in her best interests to wait until she has successfully ROC'd before marrying this new guy. If she doesn't successfully ROC, she can try again with this guy (or sponsor him to UK)

Edited November 20, 2010 by Vanessa&Tony

[Lisa and Ian 7]

So how much time does your friend have left before her 2-year green card expires? Any chance they can save money to go back to the UK by the time it expires? That would be the easy route.

I'm not sure how her good faith evidence would be received by USCIS. Could be fine or could be a struggle. Anyone seen anything similar?

Edited August 19, 2011 by Lisa and Ian

[rika60607 215]

ROC with a divorce waiver is successful most of the time.

Just look for the waiver timeline thread in the ROC section for stats and timelines.

She should be gathering evidence and filing for ROC ASAP.

Edited to add: her status right now is somewhat grey area, so it is best she does not travel abroad until she has a NOA1 for ROC filing.

So how much time does your friend have left before her 2-year green card expires? Any chance they can save money to go back to the UK by the time it expires? That would be the easy route.

I'm not sure how her good faith evidence would be received by USCIS. Could be fine or could be a struggle. Anyone seen anything similar?

Edited August 21, 2011 by rika60607

[TBoneTX 45,329]

The previous two posters have answered a 10-month-old thread.