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Filed: Timeline
Posted

My girlfriend is originally from Thailand, but is now married to a US citizen and living in the US. She has a CR1 visa and a green card. She has been married since April 2009, got her landed immigrant status when they travelled to Guam last year, and just recently moved to the US. She wants to divorce her husband and come to Canada where she will marry me. She can come to Canada now with her green card and she can stay for up to 6 months then apply for an extenton if needed. But if she divorces her husband, does that cancel her green card and thus her right to come to Canada? Would her green card be cancelled upon application for divorce .. or on completion of divorce? She was married for almost 1 year before she met me. We met in South Korea and planned for her divorce there, then she would come back to Canada with me, but I was sent back early. At that time she did not know her husband would be transferred back to the US. So I think it would be pretty easy to prove that her marriage was genuine with no intentions of just obtaining her green card. She simply met someone she likes better after she was married .. it happens every day.

Our plan is that she will come to Canada as a vistor, then she will divorce her husband and at the same time I will start the process of sponsoring her as a Canadin citizen and marrying her once her divorce is final. Do you see any issues? I am afraid thatwhen she tells her husband that she is leaving, that he will do something that revokes her green card and thus her right to be in Canada.

Thanks for any advice.

Filed: Timeline
Posted

All I know is that she should be married to USC for two years before she could apply for citizenship and then she'll be free (if that's the right word). I'm not sure what will happen if she'll divorce him within two years of marriage, because what she have now is a conditional green card. There might be some trouble going back from Canada after her greencard expires.

Filed: AOS (pnd) Country: France
Timeline
Posted

All I know is that she should be married to USC for two years before she could apply for citizenship and then she'll be free (if that's the right word). I'm not sure what will happen if she'll divorce him within two years of marriage, because what she have now is a conditional green card. There might be some trouble going back from Canada after her greencard expires.

She could only be able to apply for citizenship based on marriage 3 years after her first green card was issued.

It seems to me that you need some Canadian immigration counseling and not American. Also wouldn't it be considered fraud to try to have her come to Canada based on an American green card that she is planning on giving up anyway???

 
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