Separated with a green card denial but wants to get remarried.

[SalishSea 17,874]

1 hour ago, frndly1 said:

Redrock,  His brother sponsored him 5 years ago.  Yes, his brother has his citizenship.   You are correct I don't have the whole story, but I do know alot.   Thanks.

Not enough to be a go-between for info.  I suggest your friend join the convo here.

 

It sounds like he's trying to adjust status via a sham marriage.  Sibling sponsorship takes YEARS, and there is no visa available for him yet.

 

Now he's got another sham marriage lined up to try and adjust through?  He's wading through deportation and permanent bar territory.

[EM_Vandaveer 2,408]

4 minutes ago, Redro said:

OP explained his friend received work authorization from his brother who sponsored him. We aren’t talking about first entry but how he is able to work. 

 

 

 

That's not a thing, though....

[Boiler 45,585]

Maybe he obtained EAD through the filing with Spouse No 1 and is still using it? Despite it being no longer valid.

[JeanneAdil 6,519]

he came on tourist visa _no sponsor

married and applied to adjust status

denied AOS and will divorce

he has no legal way now to stay in USA as he has no sponsor

Marrying another USC will not help his status

 

there is no reason to remarry the same person /just halt the divorce

[Verrou 1,962]

i agree with @JeanneAdil.when he said "sponsor" probably just tourist visa "sponsored" by the brother.

met USC and got married, that's how he got the EAD

 

most likely he will get NTA since he got denied AOS. when ? dont know the timeline but that's most people got the NTA after AOS denial

 

can he re-married? he can absolutely can. noone cant stop him from re-married once his divorce finalized.

can he get the GC from 2nd marriage with USC? now that's the million dollar question. it will be difficult and hard to win

Edited August 23, 2023 by Verrou

[Liam2021 583]

-Re-married and AOS: Yes, he can do it anytime after the divorce is final.

-Can he get a GC from the 2nd marriage: We don't know.

 

[JeanneAdil 6,519]

13 hours ago, frndly1 said:

He is from Nigeria.   His brother sponsored him here.

His brother could have paid his expenses but can not sponsor a tourist visa or sponsor him to Adjust status

his wife ,  as u stated,  had to help with AOS and his wife did not cooperate and he was denied/  he is out of status 

 

[Beth & Achraf 328]

21 hours ago, frndly1 said:

I have a friend that came here on a visitor visa then got married a year later.  They applied for the green card and was denied because the US Spouse thought the questions being asked were too personal.  They are legally separated and will be able to file for divorce in a few months ( the state requires 1 year separation).  He does have work authorization and is still working.  He has been here for 5 years and married for 4 years.  Question.  How long should he wait to get married and what kind of documents would he have to file? 

Tried to adjust from visitor's visa,   failed the interview, divorcing and wants to re marry & again apply for green card = a lot of red flags.

If he does remarry, has to prove a true relationship, joint banking, credit cards, lease or mortgage, life insurance on each other,  joint auto titles, etc.   Will need LOTS of evidence  especially since first filing with USCIS failed.

 

 

[Boiler 45,585]

Nothing is happening if the first marriage was fraudulent.

[Redro 4,611]

9 hours ago, EM_Vandaveer said:

That's not a thing, though....

Exactly. We are not getting the whole story. We can only speculate about what really happened. 

[OldUser 6,771]

2 hours ago, Boiler said:

Nothing is happening if the first marriage was fraudulent.

I'll add if you let me: 

 

Nothing good is happening if the first marriage was fraudulent.

 

[frndly1 1]

I want to thank everyone that responded.  He is in the process of seeking advice from an immigration lawyer.  He is hopeful everything will work out.

[TBoneTX 45,394]

19 minutes ago, frndly1 said:

I want to thank everyone that responded.  He is in the process of seeking advice from an immigration lawyer.  He is hopeful everything will work out.

Please keep us apprised as events occur.