please help desperate

[pleo 2]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

[Ippsy Pippsy 31]

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card.

What does all of her documentation (birth cert, wedding cert, driver's license, etc) say? M or F? That might be the most important here.

Or hope that DOMA is invalidated.

Right now if she leaves the country, she's subject to a ban.

[pleo 2]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

[pleo 2]

she is still male on all documents. she has not remarried yet. i'm trying to talk her out of it.

If she goes through with the marriage, what are the chances she will get a green card before October?

[I AM NOT THAT GUY 5,715]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

If it looks like fraud, and smells like fraud, that is to say, she appears to be marrying only to get an immigration benefit, she will probably end up deported, and never, ever, be able to return to the US.

There is a long process involved to legally change sexes, involving the courts and psychological evaluations. This is unlikely something that will be accomplished in the near term.

she is still male on all documents. she has not remarried yet. i'm trying to talk her out of it.

If she goes through with the marriage, what are the chances she will get a green card before October?

Marries who? Legally, she is still a male. The USCIS does not recognize same sex marriage.

Edited March 2, 2013 by The Patriot

[InHisTime 110]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

IT'S NOT PROPER - above statement with red fonts. Love should be there.

Your situation is tough and complicated. Hope you take care of your heart. Good luck and God bless you.

[aaron2020 11,651]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

Marriage to you does not solve her immigration problem.

First, it seems that marriage has been her way of staying in the US. Why marry a woman when she was transitioning to being a woman? Seems like a scam to get a green card. Quoting your post - "She is now considering marrying a man just to get a green card."

Second, her being a legal male marrying another man gets her no immigration benefit as long as DOMA exists.

Her choices are 1) go home and stay there or 2) remain in the US illegally. There is no legal option to stay in the US and visit her mom in Thailand.

Edited March 2, 2013 by aaron2020

[pleo 2]

If it looks like fraud, and smells like fraud, that is to say, she appears to be marrying only to get an immigration benefit, she will probably end up deported, and never, ever, be able to return to the US.

There is a long process involved to legally change sexes, involving the courts and psychological evaluations. This is unlikely something that will be accomplished in the near term.

Marries who? Legally, she is still a male. The USCIS does not recognize same sex marriage.

she has had the complete surgery. She has documentation from surgeon that she has transitioned completely to female

[I AM NOT THAT GUY 5,715]

she has had the complete surgery. She has documentation from surgeon that she has transitioned completely to female

It is a legal process. A court will have to change her legal sex from male to female.

[Harpa Timsah 13,258]

Since she is eager to marry both you and someone else, USCIS will see right through this as marriage fraud. Plus, the other issues, gender, and arrests.

Who paid for her expensive surgeries? I don't think gender reassignment surgery is covered by insurance...

Edited March 2, 2013 by Harpa Timsah

[NigeriaorBust 4,087]

At this point if she leaves she will have a 10 year bar for the overstay. What was she arrested for ? That could make a huge difference in her ever being able to get a green card. She will have to legally ( on all official documents) be a woman to marry you for immigration. That will not happen in time to leave on her schedule let alone have a green card petition even filed. The easiest way assuming she wasn't doing something terrible like selling drugs would be to leave. When you are divorced and her papers align with her reassigned sex you can marry her and file. You will need a waiver to overcome the bar.

[aaron2020 11,651]

she has had the complete surgery. She has documentation from surgeon that she has transitioned completely to female

Her surgeon is not a court of law. He can't make a legal change. Unless your friend has a court order stating she is a female, her legal stutus based on her legal documents stares she is legally a male.

[TBoneTX 45,324]

*** Thread moved from CR-1 forum to General Immigration Discussion -- not a CR-1 process issue. ***

[polar1979 4]

First your friend has to wait until the Supreme Court rules that Same Sex Marriage is legal nationwide, and then get the waiver for the overstay. I don't hink the first marriage is going to be a problem, she can tell USCIS that the first marraige happened when she wasn't sure about her sexual orientaion and that's why it led to the divorce. The problem right now is that the Federal Govermnt doesn't recognize same sex marriage, that's what makes it a dead end for your friend. Tell her to hang on an pray, I heard the Supreme Court will deliberate about this issue in June. Good Luck.

[Ning 619]

I am brand new to this site and i'm not exactly sure where to post this question.

This is a very complex situation so i will try to be as detailed as possible.

My close friend whom i care about is overstayed 3 years on a j1 visa from Thailand. This is where things get complicated My friend is transgendered. She recently had surgery to completely transition to female. She married a woman about 3 years ago while she was still a man. The woman was unable to meet the criteria to support them and no papers were ever filed to get permanent residence. She got a divorce back in October of 2012. She is now female and is desperate to go home to thailand to see her mother by October 2013. She is now considering marrying a man just to get a green card. My fear is that she will not get away with this and be deported with no chance of ever coming back to the U.S. she is young and makes these impulsive decisions without thinking of the consequences. She has also been arrested while in the U.S.

1. Is there anything she can do to adjust her status besides getting married?

2. If she marries this man now, what is the liklihood she will be deported?

3. I am in love with her and know everything about her. My divorce will not be final until Aug. Would that be enough time to adjust her status so she can make it home by October.

I am deperately trying to keep her from making a very dangerous mistake

Please HELP

This gets complicated at every turn. Especially where you are asking members to assist you in helping your " friend " stay here by commiting immigration fraud.

I hope she cant do it and if she does my greatest hope is she is deported and if you help I hope you are found gulity of assisting her with the attempt. You may be guilty of harboring a fugitive.

If she's truly your friend advise her to stop commiting crimes against the people of this great country and go home.She must know that home country holds a better future for her or him.

Thailand is used to this transgender situation and much more tolerant of there citizens doing this than we are here.

Help her get home by October by buying her a one way ticket in Sept and hope she isnt picked up by ICE and deported before then. In love? Great make it two tickets so you can join her.