Expired 2 Year Green Card - going through divorce wants to marry another

[maynoc 0]

I have a question for someone i know that's going through this. 

1. Her green card (2 year) already expired (6 months ago). Never applied for renewal. 

2. She hasn't officially divorced yet. 

3. She's engaged to another man and wants to marry him after the divorce. 

 

Obviously, she needs to complete the divorce first, but let's say it takes 6 months for the divorce to be final, can she marry her fiance (US Citizen) even with an expired green card? What are her best options? Thanks.

Edited February 3, 2017 by maynoc
clarify his citizenship

[f f 725]

immigration status has no bearing on being able to marry or divorce.

 

she is however deportable since her 2 year card expired and roc was not done. there will also be questions asked about how legitimate you marriage was if she is already engaged to another before divorcing you.

[geowrian 22,337]

If the divorce finalizes and then she legally marries the other guy with a bona fide relationship, then she is fine.  That said:

1. The divorce may take a while to finalize, depending on thew state and circumstances (i.e. children and such).
2. She is deportable during this time period. Keep in mind she could be removed at almost any time, and getting a new visa for her if this happens would require a waiver - an expensive (usually several thousands of dollars) and take an extra 6-12+ months. All for a chance to be considered.
3. She will be heavily scrutinized for any immigration benefit as the timing is suspicious. Others have had success, but yet others have had their cases go through multiple interviews and have it take multiple years. There will likely be suspicion that she is marrying for an immigration status, and overcoming that is her obligation....and it's not easy.

[Hypnos 6,576]

I don't think a CPR who failed to file for RoC is eligible to file another I-485.

[maynoc 0]

thanks guys

[f f 725]

4 hours ago, Hypnos said:

I don't think a CPR who failed to file for RoC is eligible to file another I-485.

I was pretty sure you could aos to a second spouse instead of roc. so long as the former lpr was not in removal proceedings and it would proceed just as if a person over stayed thier authorized stay. granted they will have to explain thier actions during the interview.

[Hypnos 6,576]

One green card per entry I think I read somewhere.