advice to wait or apply

[JeanneAdil 6,633]

On 3/7/2022 at 1:08 PM, Marwa365 said:

Thanks for the input! Yes, I haven't done anything illegal here, but I do understand it'll be much less of a headache if I wait for his naturalization. Except that I'm totally not interested in staying a student alll my life! It's exhausting hehehe But yes. Thank you for your advice. Nice picture!

not much less of a headache

petition and documents are the same

 

[Marwa365 2]

Thanks Jeanne! Good point! But the good news is that he never had a conditional Green card. He's been a GC holder for around 3 years now. Divorced recently but also been physically separated for 2 years before applying for a divorce. But when time comes to it, he never married in the intention of getting that GC or knowing he'd end up divorced. That's for sure. That's why I'm not worried about this. Though I don't know how he'd be able to "prove" that but one of the lawyers said that this is not going to be in question in the process of my status of  adjustment. Do you have reasons to believe we'd better wait for his naturalization? 

[Redro 4,612]

6 hours ago, Marwa365 said:

Thanks Jeanne! Good point! But the good news is that he never had a conditional Green card. He's been a GC holder for around 3 years now. Divorced recently but also been physically separated for 2 years before applying for a divorce. But when time comes to it, he never married in the intention of getting that GC or knowing he'd end up divorced. That's for sure. That's why I'm not worried about this. Though I don't know how he'd be able to "prove" that but one of the lawyers said that this is not going to be in question in the process of my status of  adjustment. Do you have reasons to believe we'd better wait for his naturalization? 

How long was your husband married before he moved to the US?

Did he live with his ex-spouse in another country?

[Redro 4,612]

6 hours ago, Marwa365 said:

Thanks Jeanne! Good point! But the good news is that he never had a conditional Green card. He's been a GC holder for around 3 years now. Divorced recently but also been physically separated for 2 years before applying for a divorce. But when time comes to it, he never married in the intention of getting that GC or knowing he'd end up divorced. That's for sure. That's why I'm not worried about this. Though I don't know how he'd be able to "prove" that but one of the lawyers said that this is not going to be in question in the process of my status of  adjustment. Do you have reasons to believe we'd better wait for his naturalization? 

I would be conservative. Only file after naturalization or 5 years residency. Go back to school if OTP runs out or you can't find a job.

Listen to a lawyer you trust and use them for the process. 

One assumes you have to file evidence of bonafide marriage from his previous relationship when you apply for your adjustment if you apply before his naturalization/ 5 years of residency. Why jeopardize your husband's GC and your ability to stay in the US? 

 

[Marwa365 2]

Dear Kor2USA,

That's why I started this thread. I've had conflicting opinions on this. Even though my husband is not afraid to defend that he had good intentions when he married his X, we certainly don't want to give him a headache by jeopardizing his GC, as you mentioned. I wonder why other lawyers are not concerned about this possibility. If they were, they would have directly dismissed it and advised us to wait for one more year before my husband can neutralize. That's the source of all the confusion. Now to answer your questions, he didn't live with his X outside the States and they married for 3 years before their divorce (including 2 years separated but not divorced. Without a fight, without hard feelings. He actually kept her on his Insurance because she didn't have a job when they separated and he didn't want to cut her that.). So although he's not worried about having to prove he had good intentions marrying her, we certainly don't want to get into that battle if we can do without. Thank you for your answer. 

[Redro 4,612]

15 minutes ago, Marwa365 said:

Dear Kor2USA,

That's why I started this thread. I've had conflicting opinions on this. Even though my husband is not afraid to defend that he had good intentions when he married his X, we certainly don't want to give him a headache by jeopardizing his GC, as you mentioned. I wonder why other lawyers are not concerned about this possibility. If they were, they would have directly dismissed it and advised us to wait for one more year before my husband can neutralize. That's the source of all the confusion. Now to answer your questions, he didn't live with his X outside the States and they married for 3 years before their divorce (including 2 years separated but not divorced. Without a fight, without hard feelings. He actually kept her on his Insurance because she didn't have a job when they separated and he didn't want to cut her that.). So although he's not worried about having to prove he had good intentions marrying her, we certainly don't want to get into that battle if we can do without. Thank you for your answer. 

Can I just clarify what each of the lawyer said?

 

Lawyer A: Wait until your husband is a citizen.

 

Lawyer B: Your husband might have his GC revoked because he separated 2 months after he entered the US on a 10 year GC. He needs to provide evidence of bonafide marriage to first wife.

 

Lawyer C : You will have to interview in your home country if you apply now. 

 

I'm not sure where conflicting opinions are. 

Lawyer A and Lawyer B both appear to be saying applying before 5 year residency/ citizenship is not a good idea. 

Lawyer C appears to not be suggesting adjustment. All Lawyers think the case is a little tricky. 

[Redro 4,612]

@Marwa365

Sorry. A few more questions because I realize I'm assuming things. 

 

When and how did your husband meet his ex?

Did the interview take place in his home country or in the US?

Did they ever live together?

What was the length of marriage?

 

 

58 minutes ago, Kor2USA said:

Can I just clarify what each of the lawyer said?

 

what each lawyer said* 

 

 

 

 

[Villanelle 4,122]

40 minutes ago, Kor2USA said:

@Marwa365

Sorry. A few more questions because I realize I'm assuming things. 

 

When and how did your husband meet his ex?

Did the interview take place in his home country or in the US?

Did they ever live together?

What was the length of marriage?

 

 

what each lawyer said* 

 

 

 

 

As a new user the OP may be restricted by the post count limitations and might not reply promptly...

 

But I also have questions about the timeline being presented. 

 

OP says was not a conditional card and marriage was technically 3yrs HOWEVER the couple was only in a bonafide union for 1 year and separated for 2. 

 

To get the unconditional card they would have needed to be married for 2 years at the time he entered.  Appears the marriage was already over when he entered and he filed for divorce promptly after entering as well.  The statement of it being amicable and him keeping her on his health insurance as she was unemployed can be viewed negatively as reasons for committing fraud for benefits.

[Redro 4,612]

1 hour ago, Villanelle said:

As a new user the OP may be restricted by the post count limitations and might not reply promptly...

 

But I also have questions about the timeline being presented. 

 

OP says was not a conditional card and marriage was technically 3yrs HOWEVER the couple was only in a bonafide union for 1 year and separated for 2. 

 

To get the unconditional card they would have needed to be married for 2 years at the time he entered.  Appears the marriage was already over when he entered and he filed for divorce promptly after entering as well.  The statement of it being amicable and him keeping her on his health insurance as she was unemployed can be viewed negatively as reasons for committing fraud for benefits.

They could have been in bonafide union  (married and living together) for the 2 years before green card was issued if he was in the US during that time. 

I don't want to speculate. Waiting for OP to answer. 

But correct me if I'm wrong. 

If they apply for adjustment now he must include evidence of bonafide relationship for both marriages at time of filing?  

[Marwa365 2]

Thank you Kor2USA and Villanelle for following up on this. I had a deadline and I just sent it. Sorry for keeping you wait.

Yes, everything you wrote is correct. It seems a little complicated, which is why some lawyers are advising to wait, while others (not mentioned in the post) are encouraging us not to.

Yes as well, Villanelle mentioned that the timeline seems little for my husband to prove bonafide, which is why it would be best to wait for his naturalization in one year time before we could ask for my adjustment of status. Not because his intentions were ill, but because he may not be able to prove his well intentions. Honestly this is exactly what happened. They initially separated thinking they would keep the door open to go back, but they both never pursued it. And it was a verbal plead from her to keep her on his insurance until she finds work. Thank you two and everyone who commented on my initial post, it seems really, the best way forward is to stay on my Student visa, then jump to another if I couldn't secure an Internship that accepts me on OPT within 90 days of my graduation. Ouch!