Marrying girlfriend who is in US and pending annulment

[Tahoma 2,292]

Tahoma, I never post in here but often read your posts. I just want to take this moment to say: you rock.

Thanks for your kind words, Honey Crumpet.

I'm here to help, as well as to keep it real.

By the way, I love your avatar...it has some serious attitude!

[jimmynug 13]

Since she entered the US legally, she can divorce in the US, and will be free to marry in the US. She doesn't have to worry about the peculiarities of Filipino law, unless she foolishly returns to the Philippines before securing her status to live in the US.

For the benefit of the OP, I hope you are right, but she is still a filipino citizen, doesn't matter that she is currently living in the U.S. A CENOMAR from her country of citizenship is required for the petition process, which is based on the country of her citizenship. How do you suggest that she gets one if she is still married in the eyes of the Philippine gov't? She does not have her permanent green card yet, only a temporary one. The only thing her being in the U.S. does is change the place of the interview.

To the OP, please read all the requirements for petitioning your girlfriend. They are easily found here, and other places online. You are in a bad situation, and if you are not careful, you will make it worst.

[Hank_ 9,174]

For the benefit of the OP, I hope you are right, but she is still a filipino citizen, doesn't matter that she is currently living in the U.S. A CENOMAR from her country of citizenship is required for the petition process, which is based on the country of her citizenship. How do you suggest that she gets one if she is still married in the eyes of the Philippine gov't? She does not have her permanent green card yet, only a temporary one. The only thing her being in the U.S. does is change the place of the interview.

To the OP, please read all the requirements for petitioning your girlfriend. They are easily found here, and other places online. You are in a bad situation, and if you are not careful, you will make it worst.

Yes it is required for the K-1 visa process but they are not doing that as she is already here in the States and that is all the K-1 visa is for - entry into the United States. They are talking she is getting a divorce, they get married and then do the AOS to a Green Card.

I am not sure the green card will be a temporary either, it very well could be the same as doing a CR-1.

Edited December 31, 2011 by Hank_Amy

[jimmynug 13]

Yes it is required for the K-1 visa process but they are not doing that as she is already here in the States and that is all the K-1 visa is for - entry into the United States. They are talking she is getting a divorce, they get married and then do the AOS to a Green Card.

I am not sure the green card will be a temporary either, it very well could be the same as doing a CR-1.

Yeah, i just checked it out, they will have to go by the laws in the state they are in for the divorce, then get married, here again going by the state laws for wait time, etc., and then file the I130, which would get her the permanent green card. The only problem is that there is not enough time to do that before she becomes illegal here. Which starts the next question, will the I130 be approved if she is here illegal? I have seen it done with a person on an expired tourist visa, but don't know if it is case by case or not.

[Deputy Purple 1,294]

I actually know someone who did this exact thing.

She is Filipino.

Living in Chicago she filed for divorce from her Filipino husband and served him via publication. The divorce was granted.

She married her USC Boyfriend and filed AOS.

She received a conditional Greencard as they had not been married for 2 years when she filed.

2 years later she successfully ROCed.

Not once during the process was she asked for a CENOMAR. She did have to present her divorce decree though.

The OP will not have any problem with this.

Further, at least on poster is assuming that the OP is destroying a marriage but doesn't seem to realize that if the woman wants out of the marriage (for whatever reason) then the marriage is already broken, a 3rd party can't break a good marriage. I don't agree with dating a married person regardless of the condition of the marriage but that is irrelevant to the immigration issues of the OP.

[I AM NOT THAT GUY 5,715]

Yeah, i just checked it out, they will have to go by the laws in the state they are in for the divorce, then get married, here again going by the state laws for wait time, etc., and then file the I130, which would get her the permanent green card. The only problem is that there is not enough time to do that before she becomes illegal here. Which starts the next question, will the I130 be approved if she is here illegal? I have seen it done with a person on an expired tourist visa, but don't know if it is case by case or not.

The only condition is that she entered the country legally. They can file the I-130, the I-485, AND the I-765 at the same time. Once the I-485 is accepted, she has legal status, will get an EAD, and can work while everything is being adjudicated.

[one...two...tree 2,762]

I'm here to help, as well as to keep it real.

You are one of the best at that, brother.

[southcalhog 43]

Tahoma, I never post in here but often read your posts. I just want to take this moment to say: you rock.

He Does!

[TiklingGuy 211]

^^^ No, that doesn't answer my question. Would you care to try again?

^^^ Dex22 thinks this is his/her own private forum. I wonder if Dex requires us to raise our hand if we want to say something.

^^^ Uhmmm...Would you mind telling everyone how you know the husband doesn't want his wife to divorce him?

Thats the sanctity and security of speaking freely on the internet. If we were face to face you would raise your hand before speaking to me.

[jimmynug 13]

I actually know someone who did this exact thing.

She is Filipino.

Living in Chicago she filed for divorce from her Filipino husband and served him via publication. The divorce was granted.

She married her USC Boyfriend and filed AOS.

She received a conditional Greencard as they had not been married for 2 years when she filed.

2 years later she successfully ROCed.

Not once during the process was she asked for a CENOMAR. She did have to present her divorce decree though.

The OP will not have any problem with this.

Further, at least on poster is assuming that the OP is destroying a marriage but doesn't seem to realize that if the woman wants out of the marriage (for whatever reason) then the marriage is already broken, a 3rd party can't break a good marriage. I don't agree with dating a married person regardless of the condition of the marriage but that is irrelevant to the immigration issues of the OP.

I was also thinking the OP girlfriend's visa expired jun 12, but I looked again and it is jun 13, so they will have plenty of time before she would be illegal.

[Deputy Purple 1,294]

I was also thinking the OP girlfriend's visa expired jun 12, but I looked again and it is jun 13, so they will have plenty of time before she would be illegal.

Once she's married to a USC overstay is irrelevant, it won't prevent AOS.

[mr and mrs 187]

Thats the sanctity and security of speaking freely on the internet. If we were face to face you would raise your hand before speaking to me.

how come? are you a teacher?

[jimmynug 13]

Once she's married to a USC overstay is irrelevant, it won't prevent AOS.

Once again, they have a year and a half, so there should be no overstay issue. However, if there were and overstay occurred, to say overstay is irrelevant is a little bit of an overstatement. They have to file before the expiration of her current visa, which will allow her to legally stay until the case is complete. Failure to file the I130 before the expiration of the original visa would then require a request for a waiver on the 3-10 year ban for overstay. Easily done, but still added paperwork and money.

[I AM NOT THAT GUY 5,715]

Once again, they have a year and a half, so there should be no overstay issue. However, if there were and overstay occurred, to say overstay is irrelevant is a little bit of an overstatement. They have to file before the expiration of her current visa, which will allow her to legally stay until the case is complete. Failure to file the I130 before the expiration of the original visa would then require a request for a waiver on the 3-10 year ban for overstay. Easily done, but still added paperwork and money.

No it wouldn't. That is why you don't leave the country until after the case is adjudicated, even with AP. As long as she entered the country legally, overstay is not an issue. Besides, she can overstay up to 180 days without incurring a reentry ban.

[Deputy Purple 1,294]

Once again, they have a year and a half, so there should be no overstay issue. However, if there were and overstay occurred, to say overstay is irrelevant is a little bit of an overstatement. They have to file before the expiration of her current visa, which will allow her to legally stay until the case is complete. Failure to file the I130 before the expiration of the original visa would then require a request for a waiver on the 3-10 year ban for overstay. Easily done, but still added paperwork and money.

You are incorrect....

They are planning to file AOS, she won't be leaving the US. Re-entry ban for overstay is triggered when the Alien leaves the US. Since she won't be leaving prior to receiving her Greencard I can safely say the any overstay is irrelevant.

Once AOS is filed then her status will be one of someone with a pending applicant and she will be legally present awaiting its adjudication. The important thing is that she entered the US legally, as the spouse of a US Citizen she doesn't have to maintain legal presence for the duration of her stay prior to filing AOS.