Applying for a green card after two years of marriage while thinking about divorce

[Brit1984 0]

Hi

I married my wife of more than two years, but never applied for a green card. Now my F-1 visa has run out, although I have a valid i-20 for another year, but this means I can't reenter the country if I were to leave without reapplying for an F-1. I've been told that an F-1 is a non-immigrant visa, so if I were to reapply from abroad while married to a USC when have no evidence that we're planning to return to my home country (because I'm not sure what my plans are), I could be applying for an F-1 fraudulently. More to the point, I have a job here on OPT, and I can't risk getting delayed returning to the country if I were to leave for a short period. Because of all these reasons, I feel that applying for a green card is a good option for being able to move freely in and out of the country.

This is the main reason we're thinking about applying for a green card now. But, unfortunately, we've now fallen out with each other, after a little more than two years of marriage, so we're also thinking about divorce. For this reason, we have a number of questions:

1. Is applying for a greencard legitimate in my case?

2. If after applying we go to the interview, how do we deal with the fact that we're seriously thinking about getting divorced? Should we mention it?

3. How will divorce affect us if we want to get married to someone who is not a USC? Will either of us be able to help them adjust status? This is a possibility for both of us, as we're both originally from overseas, although my wife came here about 20 years ago.

4. Would applying for a green card under present circumstances be considered fraudulent in any way? Would we have to state plainly that after two years of marriage, we can't live together anymore? Should we?

My wife is still willing to help me get the green card as long as it doesn't have any negative consequences for her if/when we get divorced.

I would really appreciate any advice you have.

Thanks

[Harpa Timsah 13,258]

1. No.

[Merrytooth 5,748]

You don't have a viable marriage to AOS.

And I don't think your wife is that stupid to file a I-864 (a huge commitment) for someone she is going to divorce soon.

I know I would not do that. Sorry.

[strugglinangel 0]

if you are going that road, ask your OPT if they can sponsor. Your employer can sponsor a green card like what i did. its tedious, but as long as the emoloyer gives your document requiremnt in time, you should be ok. H1B pipeline will open on April1, make sure all your papers are ready before that, the cap reaches as early as after 2 days after april1, get lawyer if you go to H1B road. good luck!

[Asia 2,499]

she will be your sponsor until you get your green card

Not true.

She will be his sponsor till he:

1) becomes an USC

2) leaves the US

3) works 10 years

So signing the I-864 is a really serious matter.

[otter~ 17]

Please do not apply for a green card just because you want an easier time coming in the country after you leave x_x That's not fair to the people who want one to be here so they can live with their loved ones

As above posters have said, please don't keep a marriage going JUST for the immigration benefit it gives. That really is not fair. If your marriage is ending, you can't get a GC based off it.

You would need to get one based off the employment you have here.

[Harpa Timsah 13,258]

Please do not apply for a green card just because you want an easier time coming in the country after you leave x_x That's not fair to the people who want one to be here so they can live with their loved ones

As above posters have said, please don't keep a marriage going JUST for the immigration benefit it gives. That really is not fair. If your marriage is ending, you can't get a GC based off it.

You would need to get one based off the employment you have here.

I jut want to say that is more than "not fair." It is illegal.

[lunaboriken 2]

I really wish you the best. Marrying someone is a big step in life. You put a lot of hopes and energy. It's understandable you want to fix your situation yet when it comes to marriage a paper means nothing and it can bring more problems than the original target. Responsibilities come first and then benefits. You cannot get a benefit when you both are not taking on the huge responsibility marriage carries.

If you want to save your marriage you and your wife could go for counseling, try to work things out and if time proves that you really want to be together then applying for the GC could be an option as long as you can prove that you married for the right reasons.

If you go ahead with her "help" she can easily change her mind. Like everybody is saying it is fraud. You will have the stress. Is it worth it?

Wish you can work things out for the right reasons.

[Brit1984 0]

Let me clarify, this marriage was NEVER entered into for immigration purposes. My wife and I met and fell in love, and after a fairly long relationship, we decided to get married. Our love has lasted for the duration of the marriage and until a couple of months ago we had almost no problems. Our marriage was entirely bone fide and good faith. We've been living together since before the marriage.

It's only in the last couple of months, well after our two year marriage anniversary that things became rocky. We're trying to work things out, but things are not looking up. We've not taken any final decisions yet, we just think that divorce isn't off the books at this stage. We're both mature adults who think these are issues that need to be taken slowly, so we're thinking about seeing a therapist for a few months before making any major decisions.

If this was a marriage that was in no way started or continued for the sake of a green card, why'd it be considered fraud?

[Harpa Timsah 13,258]

Let me clarify, this marriage was NEVER entered into for immigration purposes. My wife and I met and fell in love, and after a fairly long relationship, we decided to get married. Our love has lasted for the duration of the marriage and until a couple of months ago we had almost no problems. Our marriage was entirely bone fide and good faith. We've been living together since before the marriage.

It's only in the last couple of months, well after our two year marriage anniversary that things became rocky. We're trying to work things out, but things are not looking up. We've not taken any final decisions yet, we just think that divorce isn't off the books at this stage. We're both mature adults who think these are issues that need to be taken slowly, so we're thinking about seeing a therapist for a few months before making any major decisions.

If this was a marriage that was in no way started or continued for the sake of a green card, why'd it be considered fraud?

I know, but you missed your chance to apply based on this marriage. You should have done it long ago.

Now that the marriage is looking to be over, it looks like you are trying to get some benefit from it, based on the "credit" you get for the past years, and it does not work like that.

Immigration benefits are not credits, they are to reunite families. Now that your family is separating then there is no point to immigration benefits. You aren't going to be united anyway.

Why didn't you apply 2 years ago?

If you reconcile you could go ahead, but if you divorce soon after that then it really will look like you just prolonged the marriage on paper to get a benefit. That is against the law.

[Ontarkie 14,512]

~~Post advocating fraud removed one quote returned to view - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

Um, no, this is fraud.

OP: You can't apply for a GC if the marriage is ending. That is the very definition of fraud, keeping a marriage going on paper for immigration benefits when it is over in all other ways.

If you want to stay in the US, then look into OPT programs and try to leverage that into getting an H1B. Good luck.

[Ontarkie 14,512]

~~Two other quotes returned to view~~

What marriage to talk about here, when OP and his wife is getting divorce?

You are advocating fraud here.

No.

Marriage is not about committing immigration fraud.

Perhaps, you missed the point about having a bona fide marriage to AOS.

How is it a bona fide marriage if they are getting divorced?

Immigration is about laws. Its not about love.

If it's not fraud for him to AOS with his wife during a divorce, what do you think will happen if they disclose the divorce they filed for?

FYI, INS hasn't existed for at least 10 years. It has been USCIS for the last 10 years.

[MUXAGIRL 69]

Immigration benefits based on marriage are for bona fide marriages. Since yours is ending, there is no point in applying for green card based on a failed marraige. Your wife might not be aware of it, but the form I-864 she will need to file during the immigration process called affidavit of support is a big responsibility and that puts her on hook for a long long time, to take care of you financially if you need it, even after divorce.

Also, this is the very definition of abusing immigration benefits. Don't do it.

[akihon 129]

I don't recommend the permanent residency.

I filed for AOS from H-1B, after being on OPT. It is possible.