ADVICE PLEASE: second marriage?

[ajos 0]

hello wonderful opinion giving people,

disclaimer: this is my first time posting and, really, have no idea where i should be posting this.. it's more of a brain dump of my thoughts so sorry if it's a little much.

i (us citizen) have a boyfriend (non-us citizen) who is currently in the annoyingly delayed process of divorcing his current wife (NO, i was not his mistress, farthest thing from). long story short, she cheated, got pregnant with another man's child and they have been separated for quite some time. we're here and it's complicated.

my partner and soon-to-be ex-wife were petitioning for his citizenship. he has been living in the united states (came legally) since he was 3 years old. they completely let everything fall through the cracks and his temporary permanent resident card (i think this is what it's called) is set to expire soon.

we've discussed and have planned to get married but with all that's been going on in our lives, this situation has been delayed (on his part, irresponsibly).

here are my concerns:

1) what are his options when the permanent resident card expires?

2) this, i'm sure, will scream RED FLAG when we start the application process (after we get married) and really not too long after his divorce. is it possible that our bonafide marriage could be denied? what would happen then?

3) time is not a concern, we love to travel and have considered spending time outside of the country. would it be better to leave? do a fiance visa? wait a year? would that change the way they saw him jumping from marriage to marriage so quickly? also, he has a wonderful job/employer, i thought maybe they could petition for him somehow?

4) does something exist where they get a divorce but since it was a bonafide marriage she could still petition for him and he can proceed that way (she is cooperative and a kind person, i don't doubt she would do this)?

please, don't think you have to cover all questions or the whole lot of this post. any point or comment you have is really appreciated. of course, i know this is a discussion for our lawyer but i would really like to hear personal experiences/opinions/advice.

thanks.

[UnaMexicana 153]

hello wonderful opinion giving people,

disclaimer: this is my first time posting and, really, have no idea where i should be posting this.. it's more of a brain dump of my thoughts so sorry if it's a little much.

i (us citizen) have a boyfriend (non-us citizen) who is currently in the annoyingly delayed process of divorcing his current wife (NO, i was not his mistress, farthest thing from) None of our concern, but some might love the gossip. long story short, she cheated, got pregnant with another man's child and they have been separated for quite some time. we're here and it's complicated.

my partner and soon-to-be ex-wife were petitioning for his citizenship. he has been living in the united states (came legally) since he was 3 years old. they completely let everything fall through the cracks and his temporary permanent resident card (i think this is what it's called) is set to expire soon. How soon? That might be relevant.

we've discussed and have planned to get married but with all that's been going on in our lives, this situation has been delayed (on his part, irresponsibly). Can't happen until his divorce is final. Not sure if there is a waiting period in the state where you will get divorced in order to remarry. Something important to consider as well.

here are my concerns:

1) what are his options when the permanent resident card expires? I would advise to talk to a lawyer.. but from what I he could: Go back home, you two try and establish proof of bonafide relationship and then you petition for him as K1 / Go back home, you get married and then you start the CR1 process from the US / You mentioned something about the employer - it would be worth to explore but he should be doing that ASAP / You can travel with him as you considered doing so, that way you would not be apart from each other.

2) this, i'm sure, will scream RED FLAG when we start the application process (after we get married) and really not too long after his divorce. is it possible that our bonafide marriage could be denied? what would happen then? The marriage per se will not be denied, it is the proof of marriage that they might not accept and then he would have to return to home country.

3) time is not a concern, we love to travel and have considered spending time outside of the country. would it be better to leave? do a fiance visa? wait a year? would that change the way they saw him jumping from marriage to marriage so quickly? also, he has a wonderful job/employer, i thought maybe they could petition for him somehow? Yes that is a possibility. About employer, see my reply to q1 above.

4) does something exist where they get a divorce but since it was a bonafide marriage she could still petition for him and he can proceed that way (she is cooperative and a kind person, i don't doubt she would do this)? He would have to be subject to domestic violence, I believe that is the only way. Otherwise if the relationship is no more he needs to go back.

please, don't think you have to cover all questions or the whole lot of this post. any point or comment you have is really appreciated. of course, i know this is a discussion for our lawyer but i would really like to hear personal experiences/opinions/advice.

thanks.

[Marco&Bettina 502]

my partner and soon-to-be ex-wife were petitioning for his citizenship.

This makes no sense to me. You don't have to petition for someone's citizenship.

[ajos 0]

This makes no sense to me. You don't have to petition for someone's citizenship.

sorry. to be honest, the whole process still confuses me. i believe what i meant to say is permanent residence?

[Marco&Bettina 502]

sorry. to be honest, the whole process still confuses me. i believe what i meant to say is permanent residence?

OK. I'm guessing he was at ROC (Removal of Conditions). Then, yes, as stated by UnaMexicana, he can only ROC without his wife if he was the victim of domestic violence. That is my understanding, but I'm far from an expert.

[ajos 0]

hello wonderful opinion giving people,

disclaimer: this is my first time posting and, really, have no idea where i should be posting this.. it's more of a brain dump of my thoughts so sorry if it's a little much.

i (us citizen) have a boyfriend (non-us citizen) who is currently in the annoyingly delayed process of divorcing his current wife (NO, i was not his mistress, farthest thing from) None of our concern, but some might love the gossip. long story short, she cheated, got pregnant with another man's child and they have been separated for quite some time. we're here and it's complicated.

my partner and soon-to-be ex-wife were petitioning for his citizenship. he has been living in the united states (came legally) since he was 3 years old. they completely let everything fall through the cracks and his temporary permanent resident card (i think this is what it's called) is set to expire soon. How soon? That might be relevant. The end of April.

we've discussed and have planned to get married but with all that's been going on in our lives, this situation has been delayed (on his part, irresponsibly). Can't happen until his divorce is final. Not sure if there is a waiting period in the state where you will get divorced in order to remarry. Something important to consider as well. Great point. I checked, no waiting period.

here are my concerns:

1) what are his options when the permanent resident card expires? I would advise to talk to a lawyer.. but from what I he could: Go back home, you two try and establish proof of bonafide relationship and then you petition for him as K1 / Go back home, you get married and then you start the CR1 process from the US / You mentioned something about the employer - it would be worth to explore but he should be doing that ASAP / You can travel with him as you considered doing so, that way you would not be apart from each other. do either of these options allow for me to go home with him and file from there or will i have to remain or, at least, be in the us at the time i file?

2) this, i'm sure, will scream RED FLAG when we start the application process (after we get married) and really not too long after his divorce. is it possible that our bonafide marriage could be denied? what would happen then? The marriage per se will not be denied, it is the proof of marriage that they might not accept and then he would have to return to home country.

3) time is not a concern, we love to travel and have considered spending time outside of the country. would it be better to leave? do a fiance visa? wait a year? would that change the way they saw him jumping from marriage to marriage so quickly? also, he has a wonderful job/employer, i thought maybe they could petition for him somehow? Yes that is a possibility. About employer, see my reply to q1 above.

4) does something exist where they get a divorce but since it was a bonafide marriage she could still petition for him and he can proceed that way (she is cooperative and a kind person, i don't doubt she would do this)? He would have to be subject to domestic violence, I believe that is the only way. Otherwise if the relationship is no more he needs to go back.

Thank you!!

please, don't think you have to cover all questions or the whole lot of this post. any point or comment you have is really appreciated. of course, i know this is a discussion for our lawyer but i would really like to hear personal experiences/opinions/advice.

thanks.

[Ryan H 3,834]

He would have to be subject to domestic violence, I believe that is the only way. Otherwise if the relationship is no more he needs to go back.

OK. I'm guessing he was at ROC (Removal of Conditions). Then, yes, as stated by UnaMexicana, he can only ROC without his wife if he was the victim of domestic violence. That is my understanding, but I'm far from an expert.

Incorrect, he can Remove Conditions of his residency on his own provided he can show the marriage was entered into in good faith.

OP, has he filed the I-751 yet? If not, he needs to do that before the expiration date on his green card. Once that form is filed, his residency will extended for one year while the ROC process works itself out.

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion; topic is more germane to the ROC process.***

Edited February 5, 2015 by Ryan H

[Marco&Bettina 502]

Incorrect, he can Remove Conditions of his residency on his own provided he can show the marriage was entered into in good faith.

OP, has he filed the I-751 yet? If not, he needs to do that before the expiration date on his green card. Once that form is filed, his residency will extended for one year while the ROC process works itself out.

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion; topic is more germane to the ROC process.***

How does one show that the marriage was entered into in good faith?

Edited February 5, 2015 by Marco&Bettina

[waiting_for_aos 11]

How does one show that the marriage was entered into in good faith?

The same way you show that any marriage was entered in good faith. By evidences such as financial co-mingling, pictures, shared assets etc. You can file for ROC even if you are divorced. In fact, I got divorced in July, 2014. My green-card expired in November 2014. But I applied for ROC with divorce waiver in September 2014 based on good faith marriage.

[Marco&Bettina 502]

The same way you show that any marriage was entered in good faith. By evidences such as financial co-mingling, pictures, shared assets etc. You can file for ROC even if you are divorced. In fact, I got divorced in July, 2014. My green-card expired in November 2014. But I applied for ROC with divorce waiver in September 2014 based on good faith marriage.

Good to know. Thanks.