New Petitioner for CR-1 visa

[jnjs 0]

I recently met somebody who came to this country on a spouse visa. She has been in this country for about a year now, and she is not happy, she feels the marriage is not working out and wants to file for a divorce. However, she still has conditions on her visa. If she was to file for divorce, would I be able to be a new petitioner for her? I'm assuming I would have to marry her to do so?

If she was to go through with the divorce and we were to get married, how would we go about the process? What forms would we need to fill out? Would Immigration still require any paper documentation from the first marriage?

Thanks.

[Married2009 32]

What spouse visa did she come here on? IR1/CR1 or K3? Does she have her 2 year or 10 year green card?

[VanessaTony 3,567]

What spouse visa did she come here on? IR1/CR1 or K3? Does she have her 2 year or 10 year green card?

The visa she came in on is no longer relevant as she has a GC. The OP stated she still has conditions on her visa, so it's obviously a 2 year GC.

OP - your "friend" needs to remove conditions (ROC). You being involved will only make it harder as it appears she only married her guy for a GC. She needs to be divorced to file for ROC without her husband. Otherwise she will need to remain married to him and file ROC with him based on their bonafide marriage. Given she is currently engaged in an affair, then who knows whether she actually has the evidence to ROC on her own, let alone that her husband will want to ROC with her when he finds this out.

No you cannot change to her sponsor. She would need to leave the country and re-enter on a new visa for you to do that. Which is completely pointless as she just needs to ROC to get a new GC.

No offence but I suggest you remove yourself from this situation and get your "friend" to deal with her immigration on her own. Nothing you do can make it "better" or "easier"... in fact your involvement makes it harder.

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On a personal note, which you can ignore if you choose... This website's members are typically married people. People wanting to be with their loved ones... so you being involved with a married person.. I doubt you'll get a lot of sympathy for your current situation. A lot of affairs start off with "I'm so unhappy" yet they're still WITH their spouse. It's a common saying that to know if someone is serious you DON'T get involved with them until, and if, they end their current relationship. Otherwise you're just the "other person". You're not the one and only. I doubt this woman is serious about you. I doubt she's as unhappy as she says or she'd not still be married... unless her immigration status is her main concern... which is appears it is if you're here asking if you can take over as sponsor. I suggest you return to her and tell her she needs to do it on her own and we'll see whether she continues her involvement with you when she realises she doesn't need you. For your sake I hope she's being honest, but time will tell.

Edited December 2, 2010 by Vanessa&Tony