divorce before green card renewal

[inadmissible]

I have a question. I'm a 31 year old U.S. born Citizen. My boyfriend is Jamacian. He came here 2 years ago met someone they got married Feb 2017 she flipped the script on him and he moved out 3months after they got married. I met him 5 months later and he has told me about her. They are still married she said she would file for him to get his green card. They're almost at the 1year and a day to get a divorce. He is worried about being deported as his visiting visa has expired. He doesn't want any dealing with the woman and we can't get married until he is divorced. She is making it seem like she can only file for him. I've never met the woman but he doesn't have kind words about her. I suggested he go ahead and divorce her and marry me. Then I could file. his concern is if he sticks through with their marriage he can get his papers but that sets me and him back 3-5 years it looks like from reading the posts. She's saying she will file for him in March but they haven't lived together since May and he and I started dating in October. Anybody have any thing on this twisted dilemna?

He should get divorced, marry you, then apply for adjustment of status

[newacct]

I have a question. I'm a 31 year old U.S. born Citizen. My boyfriend is Jamacian. He came here 2 years ago met someone they got married Feb 2017 she flipped the script on him and he moved out 3months after they got married. I met him 5 months later and he has told me about her. They are still married she said she would file for him to get his green card. They're almost at the 1year and a day to get a divorce. He is worried about being deported as his visiting visa has expired. He doesn't want any dealing with the woman and we can't get married until he is divorced. She is making it seem like she can only file for him. I've never met the woman but he doesn't have kind words about her. I suggested he go ahead and divorce her and marry me. Then I could file. his concern is if he sticks through with their marriage he can get his papers but that sets me and him back 3-5 years it looks like from reading the posts. She's saying she will file for him in March but they haven't lived together since May and he and I started dating in October. Anybody have any thing on this twisted dilemna?

He cannot immigrate through her if they are not in a genuine relationship anymore. So he should divorce her and marry you and do Adjustment of Status through you. He should not leave the US. There is no reason that "only she can file for him", unless he came on a K-1 fiance visa petitioned by her, but it doesn't seem like this is the case here.