Gay marriage - USC spouse pregnant with another man. How to proceed?

[hi1234 1]

hi, asking this question for my friend. she's in a gay marriage. my friend (USC) married her wife back in june 2014 and her wife got the temporary gc in november 2014. life happened and my friend (USC) became pregnant with another man. my friend is bisexual. she wants to keep the baby. what is the fastest way they can divorce? she wants to marry the baby daddy before they have the baby. she fell out of love for her wife now. she wants her to still get her gc. can she still get a approved for a gc without my friend? my friend is willing to help her out and cooperate in her ROC process as she feels terrible for what she has done to their relationship.

1. what is the fastest way to get divorce?

2. can my friend's wife still have success at getting her permanent gc when they are divorced already? they entered marriage in good faith and have plenty of proof

Please help!

[aleful 1,905]

hi

yes, they can divorce and she can file for ROC on her own as divorced

she will need to prove that she entered in a bona fide marriage

[Leo7777 243]

Your female friend married a woman . . . and you say she became pregnant with 'another man.'

This suggests there were two or more men . . . so who was the first one?

[Darnell 8,478]

temp card? 2 year duration? right? no ?

after divorce, friend can file a removal of conditions casefile with USCIS, ticking the 'divorced' box. doc requirements are the same.

question - is the alien spouse chinese?

re: divorce - divorce is governed by state law AND the county in which they reside, has a web portal about how to file, where to file. if uncontested, then should go fast, no lawyers needed but must prep all docs themselves... [petition, temporary orders, final decree]

Edited February 1, 2016 by Darnell

[Pitaya 2,577]

~Moved from ROC to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[hi1234 1]

Your female friend married a woman . . . and you say she became pregnant with 'another man.'

This suggests there were two or more men . . . so who was the first one?

how does it suggest that there were two or more men? she became pregnant with another man - that means only one. 'another man' meaning a person outside her marital relationship with her wife.

[hi1234 1]

temp card? 2 year duration? right? no ?

after divorce, friend can file a removal of conditions casefile with USCIS, ticking the 'divorced' box. doc requirements are the same.

question - is the alien spouse chinese?

re: divorce - divorce is governed by state law AND the county in which they reside, has a web portal about how to file, where to file. if uncontested, then should go fast, no lawyers needed but must prep all docs themselves... [petition, temporary orders, final decree]

yes, her wife has a temp card with 2 year duration. it will expire in november. she should be filing 3 mos before december for ROC.

the alien spouse is filipino.

how long does it take for a divorce to be finalized? what is the fastest way to get divorced? my friend wants to marry the baby daddy to not have an illegitimate baby. she is traditional in that sense.

[Russ&Caro 1,549]

how long does it take for a divorce to be finalized? what is the fastest way to get divorced? my friend wants to marry the baby daddy to not have an illegitimate baby. she is traditional in that sense.

Are you the baby daddy? Seems like not all of the USC's decisions have been traditional.

You might already be aware of this but divorce doesn't lift the obligations that the USC signed onto with the AOS.

[madtownguy 164]

I think the fraud detector will go off on this one. But who knows..

[Chris and ZhiJia 146]

yes, her wife has a temp card with 2 year duration. it will expire in november. she should be filing 3 mos before december for ROC.

the alien spouse is filipino.

how long does it take for a divorce to be finalized? what is the fastest way to get divorced? my friend wants to marry the baby daddy to not have an illegitimate baby. she is traditional in that sense.

The fastest way to get divorced is to go to the local court website and download the divorce documents. If they both agree 100% on the terms of the divorce, they can proceed without a lawyer, and be done within a few months.

However if there are any discrepancies a lawyer should be involved on one or both sides, the process can still take as little as a few months, but can take a couple years.

[kris&me 572]

She needs to look up the divorce laws for the state she is in

some states such as in NY state, you must be separated a year before you can have final divorce decree

[Dohan 133]

She needs to look up the divorce laws for the state she is in

some states such as in NY state, you must be separated a year before you can have final divorce decree

the state of NY no longer requires 1 year separation in order to divorce due to the existence of the "no-fault" divorce. If both parties agrees to divorce, it can be done quicker.

Doesn't the USC wife want to divorce your friend? If she files it first and cites adultery.... might be problematic for green card later just keep that in mind

[NikLR 13,227]

Divorce varies on the state. Look it up.

Foreign spouse can ROC on their own.

I think at this point traditional is out the door and down the street, laying in a bed that's not its own. Deal with the consequences of the actions and all that entails. Sorry.

[Jawaree 717]

This will be very fishy to USCIS .like 2 best friend came to an

agreement to pull a dast one for GC & with one now pregnant,

she & possibily her man wants this be done with...They will

want to know if its bonafide, she will be financially responsible

for the other lady.

The USC lady is pregnant, hmm , wont seem like she was scammed

very likely to end up in the fraud dept

[Ontarkie 14,226]

I don't see how this is any different then any other couple who divorced.

They have been married over a year, she has her 2 yr gc and can file with a divorce waiver like any other couple.