need advice from experts. please comment asap

[anoras87 9]

im helping a friend . and i told him that i have a great site where i can possibly ask for opinions and suggestions on what to do. so heres my friends situation.

my friend is a beneficiary from k1. everythign went well, he was able to go to the US, and got married, applied for aos and got his green card after three months. hes working as a nurse and fell in love with another nurse. he is only 6 months in the US ( i know hes stupid, ive told him already so many times) yet he managed to cheat and fell in love with another girl. ,. these are his questions.

can he file for a divorce to his wife even if hes on a 2year green card?

if so, can he marries the new girl after the divorce?

- does he needs to go back to the philippines after divorce and apply another k1? or can he stay with his new girl and adjust status? please help. i have no idea what on earth to tell him. we are so close so all of yall out there who wans to punch him, i want to do the same thing. but hes firm with his decision that he doesnt feel love anymore with his wife, ( his wife's work entails travelling alot, so most of the time according to him hes left alone). could be true but could be an alibi. anyhow, can you all experts help my friend? please let me know what moves he can take. he wants to stay in the us with his new girl. his new girl is a USC, american to be exact.

[Ryan H 3,812]

Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[jaycali 415]

im helping a friend . and i told him that i have a great site where i can possibly ask for opinions and suggestions on what to do. so heres my friends situation.

my friend is a beneficiary from k1. everythign went well, he was able to go to the US, and got married, applied for aos and got his green card after three months. hes working as a nurse and fell in love with another nurse. he is only 6 months in the US ( i know hes stupid, ive told him already so many times) yet he managed to cheat and fell in love with another girl. ,. these are his questions.

can he file for a divorce to his wife even if hes on a 2year green card?

if so, can he marries the new girl after the divorce?

- does he needs to go back to the philippines after divorce and apply another k1? or can he stay with his new girl and adjust status? please help. i have no idea what on earth to tell him. we are so close so all of yall out there who wans to punch him, i want to do the same thing. but hes firm with his decision that he doesnt feel love anymore with his wife, ( his wife's work entails travelling alot, so most of the time according to him hes left alone). could be true but could be an alibi. anyhow, can you all experts help my friend? please let me know what moves he can take. he wants to stay in the us with his new girl. his new girl is a USC, american to be exact.

1. He can get a divorce.

2. He cannot adjust status based on a new marriage, because he is already a permanent resident - there is no new status to adjust to. He's a permanent resident already.

3. Once his divorce is final, he can file to remove conditions on his green card. If he has a final divorce decree, the joint filing requirement can be waived. He will have to show that the marriage was entered into in good faith, and not solely for immigration purposes.

Those are the legal aspects. On a side not, it does look suspicious to the USCIS that he came to the US, and right after getting his green card fell in love with and "ran off" with a new girl. It does not automatically mean fraud, but it does mean that he should be prepared to show very strong evidence of a bona fide marriage when lifting conditions.

Edited November 7, 2013 by jaycali

[anoras87 9]

thank you for your reply. is it safe to tell my friend that, once he gets divorce, he would have to prove to the immigration personallel that he didnt use his x wife as entry to US, and that the marriage is entered in good faith, its just that, it didnt work out the way they want it. and then give him a punch afterwards.. am i right ?

[jaycali 415]

thank you for your reply. is it safe to tell my friend that, once he gets divorce, he would have to prove to the immigration personallel that he didnt use his x wife as entry to US, and that the marriage is entered in good faith, its just that, it didnt work out the way they want it. and then give him a punch afterwards.. am i right ?

He should focus on the divorce first.

Once the divorce is final, he will need to file a petition with the USCIS to remove conditions on his 2 year green card. The USCIS will expect to see a final divorce decree, and evidence showing that the marriage was entered into in good faith, and just did not work out. If the USCIS is satisfied that the marriage was entered into in good faith, they will lift conditions, and he will be issued the 10 year green card. Even if he was to get married to this new girl, there is nothing she can do for him as far as removing conditions or adjustment of status.

If I were him, I would evaluate what evidence I have, (they will expect to see a lot.. Co-mingled assets/finances, joint property/bank accounts/insurance policies etc.) pictures and affidavits won't cut it. If he left her for another girl, the bar is raised. I would consult with an attorney, experienced in I-751 divorce waivers.

Edited November 7, 2013 by jaycali

[anoras87 9]

thanks.

[RickJovi 81]

Only 6 months and he has betrayed his wife who paid all of the expenses for him to come to the U.S. and be her husband. I hope he gets denied removing his conditions of his 2 year green card. People like him make me sick to my stomach. His wife is the victim. What a shame.

[Ontarkie 14,226]

You should also mention that if he files for divorce it will not be recognized in the Philippines. The USC must be the one to file if he wants the divorce recognized.

[anoras87 9]

in defense of my friend,as far as i know the bills were split and his dad bought them a house in the US and a brand new car. my friend is somewhat rich back in the philippines so i dont think it was all her efforts. and my friend told me that he would not run after the property and the car. fyi

[jaycali 415]

Only 6 months and he has betrayed his wife who paid all of the expenses for him to come to the U.S. and be her husband. I hope he gets denied removing his conditions of his 2 year green card. People like him make me sick to my stomach. His wife is the victim. What a shame.

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.

Fraud is illegal, being an indecisive a$$hole is not.

Edited November 7, 2013 by jaycali

[anoras87 9]

We don't know the exact circumstances here. He will have an uphill battle, but legally, he can stay if the marriage was entered into in good faith, and if he has enough evidence to back it up.

Fraud is illegal, being an indecisive a$$hole is not.

.. i agree wit the the as$hole part. LOL....

[del-2-5-2014 1,339]

Does the new love of your friend know his character?

[anoras87 9]

Does the new love of your friend know his character?

i havent ask. but i will surely ask him if the new girl knows about all this because if not. il talk to her new girl and will be the one to inform her of whats happening..

[Caryh 5,206]

Wow, just wow.

[sara..... 371]

lots of emotion heart ache and waiting goes into immigration on both sides.........i dont know their ages probably would make a difference if i did........wow just wow

sara

caryh...lol you beat me to it by minutes lol

Edited November 7, 2013 by sara.....