Applying for a GC after divorce

[chzuga 0]

Hello fellow VJers,

I have a question. It has come to my attention from my wife that a friend that she knows has divorced from her petitioner husband BEFORE getting the GC. She told my wife that she will apply for it because she wants to stay here and work so she can send money home etc. I am almost SURE that she can not do this since she came to this country petitioned by her petitioner. My thought is that the moment she shows up there and says her circumstances, they may deport her back. (Unless someone advises her NOT to do such a thing, lolz)

Also, I was wondering. Can she stay here and be petitioned by someone else or does she has to go back and go through the K1 process anew.

Thank you.

[GandK 168]

I assumed she came on a K-1 visa.

Nope, go back home and find a new U.S. citizen to marry.

[chzuga 0]

I assumed she came on a K-1 visa.

Nope, go back home and find a new U.S. citizen to marry.

she came here on a K-1 Visa and she is divorced now and living with a friend in another state.

[VanessaTony 3,567]

she came here on a K-1 Visa and she is divorced now and living with a friend in another state.

She cannot remain in the US and have someone else petition her. She needs to leave. A K1 can only get a GC through marriage to their original petitioner.

What grounds is she planning to use to get a GC?

Also, out of interest. Did SHE file for divorce, or did he? If she did she can never have her divorce recgonised in PI and will be guilty of bigamy in PI if she marries someone else.

Edited November 12, 2012 by Vanessa&Tony

[chzuga 0]

What grounds is she planning to use to get a GC?

that is EXACTLY what I told my wife while having dinner conversations, lolz - I just wanted to make sure that all that I thought was true hence coming here and asking people with a lot more experience in these matters

Also, out of interest. Did SHE file for divorce, or did he? If she did she can never have her divorce recgonised in PI and will be guilty of bigamy in PI if she marries someone else.

i would assume that he filed the notions for their divorce. yes, i am aware that PI does not allow for actual divorce decree, but annulment of marriages instead.

[VanessaTony 3,567]

i would assume that he filed the notions for their divorce. yes, i am aware that PI does not allow for actual divorce decree, but annulment of marriages instead

I would mention it to her. If she filed then there's no annulment in PI either. If he filed she can at least do the annulment.

Also, what was the reason for the divorce? Depending on what the reason what she could be in for more trouble. Does she know whether he reported the divorce (and reasons for it) to USCIS?

[chzuga 0]

I would mention it to her. If she filed then there's no annulment in PI either. If he filed she can at least do the annulment.

Also, what was the reason for the divorce? Depending on what the reason what she could be in for more trouble. Does she know whether he reported the divorce (and reasons for it) to USCIS?

do not know the actual reasons, they were not getting along to say the least... she did not fully disclosed all her reasons to my wife.