Citizenship through marriage will petition ex wife

[blue_angel_29 108]

Hello, I'm asking for a friend.

my friend USC, met his now wife when they were in college, the wife came with a j1 visa. She was 25 i think, or 24 when she came. She didn't plan on staying as she has a child in the Philippines. But... they met, got married. 3 years later the wife is got citizenship and the kid is also here with the dad's approval.

Now, his question is, if they divorced, is the wife able to petition the father of her child? Or is that illegal? My friend is now having doubts that she entered the marriage in good faith. That she married with this in mind because he told me right after she got approved the citizenship she became a totally different person.

[Hypnos 6,578]

If she marries the child's father then yes, she can petition him for a green card once five years have passed since she became an LPR.

This is a familiar pattern of immigration fraud.

[Ischnura 285]

Maybe he ought to call her out on it. If I thought my husband even looked twice at another woman he'd know I knew, let alone if I thought he was planning on setting up house.

She could be totally innocent. Living with somebody long term is an eye opener. You learn all of their quirks and habits that you don't see over a week here, few days there from visits. She may very well be the same person he married but he just didn't anticipate learning all of these new things. Let's face it, you can't know everything about a person just off of visits alone. Has he thought about talking to her instead of assuming the worst?

If they did divorce who she petitions for whatever reason isn't his business nor should he worry himself over it. If he's right and she just wanted citizenship then he could probably waste a bit of time reporting her to ICE etc but I personally would just leave her to it and if there's anything suspect to USCIS in the future they'll deal with it.

[FxL 39]

When the child is older, he/she can petition the father.

[blue_angel_29 108]

Thank you for the fast responses. I will definitely tell him this.

I also think talking about it with the wife is a good idea, maybe marriage counseling would help too.

Bottomline, if he is right and the wife just married him for papers, there's nothing he can do to revoke her citizenship.

Hopefully, that is not the case, the wife really seemed nice.

[JR loves JR 196]

As much as this situation sucks, if she has her citizenship your friend no longer has to worry about his affidavit of support. That's normally what most people worry about after they find out USCIS won't do a whole lot with a report of fraud. Basically the USC must have lots and lots and lots of tangible proof. He'd pretty much had to have enough quality evidence that all USCIS would have to do is confirm its validity to prove fraud before they would pursue the case. And most of the time nothing ever comes of fraud reports. Best advice, he should discuss the changes with his wife and if it comes down to it, file for divorce and move on.

Edited July 4, 2016 by JR loves JR

[aaron2020 11,651]

If she divorces, she can petition for the guy from the PI because she is a USC. She can petition for a fiance or a spouse.

Whether the guy would get a visa or not will depend on the processing of the case at the US Embassy. Is this a reconciliation after a long period or a preconceived plan to commit immigration fraud? The US Embassy will consider that in granting or denying a visa.

[Adil & Jeanne 296]

She can petition whoever she wants

whether or not it is approved is another thing as she and the former husband must both show all marriages and divorces

their divorce and her coming her to marry and after citzenship wants to marry the man she left in Phillipines????

big red flag to any immigration interviewer

[KayDeeCee 4,895]

He would need to provide some serious documented proof that she illegally gained citizenship. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html

Not going to happen.

She is a USC, and she will be free to file petitions for any immediate relatives she may choose to. Whether or not the visas are approved will be up to the CO.

These are all huge what ifs though. You did not even mention talk of divorce, just that the friend said she acts differently now. Sounds like he is just taking wild guesses that she would want to marry her ex, and was planning to do so all along.

~ Moved from Bringing Family Members of US Citizens to America to Effects of Major Family Changes on Immigration Benefits ~

Edited July 4, 2016 by KayDeeCee