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divorcing...will it affect my green card process or working permit?

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  • divorcing...will it affect my green card process or working permit?

    i met my girlfriend a year ago while i was here in the states on an H2B visa. we were seperated due to her schooling and my work. when i was supposed to go back i stayed here and did the most stupidest thing of my life and married a girl on an aggreement basis so i could stay here and possibly get the green card and be with my girlfriend of over a year now. due to my stupidity i didnt understand the strict laws and this girl i married lied to me about everything and now i filed for a divorce because i feel like a mexican(im south african). the date is in august. the only way me and my girlfriend can be together is if we get married. i stayed behind coz i feared i was never going to see her again. we want to get married as soon as my divorce is done. we are inseperable.
    i want to know if this will be an obstacle for us in gaining my working permit and green card? she supports me at the moment but i want to start to work as soon as i can get a working permit when we file our papers.

    do you have any advice on this please? i admitted to the illegal marriage but could this pose a problem with the real legit one? and as soon as i get that divorce, how long till i get the working permit?

    any advice would be appreciated please im so desperate. she supports me since im illegal and i feel so bad. please any advice.

  • #2
    Your post is little confusing.

    It seems that you married another woman for greencard purpose. But you really want to marry your girlfriend and that is why you are seeking divorce from your current spouse.

    If that is what you are saying, your marriage is illegal and you can't get greencard through that marriage.
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    • #3
      ...

      yes. but ive been with my girlfriend now for more than a year and im divorcing the one i married for the greencard. i was a stupid immigrant and didnt know the strict laws. it was either that or never see my girlfriend again.
      i am divorcing the other girl in aug. we were married two weeks then i filed the divorce. i realised it was illegal and so im trying to do the honest thing here.

      but i want to know that when i am officially divorced from the other girl, if i remarry my girlfriend after im divorced, will that come up in my green card process and will it affect my ability to get it? i called a lawyer today and she said aslong as i didnt file any papers to immigration with the girl i married just to get the card, im okay. so i havent filed any papers with her whatsoever. im just waiting to divorce her.

      will it affect my green card process at all even though i havent filed papers with the other girl? we just married and now divorcing.

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      • #4
        ??

        Uhm...anyone have an answer for me? Please!

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        • #5
          You will be fine. As long as you did not file papers with your soon to be ex wife you will be ok. A lot of people get their marriage annulled. The problem happens ONLY if you are trying to play the system via illegal activities which I don't think is the case here.

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          • #6
            You stated "married a girl on an aggreement basis so i could stay here." If this is not outright fraud then I don't know what is. There is a prohibition against approving residency for an alien who has committed immigration fraud. If you are honest and admit this to the officer at an interview then you will be at least required to file a Form I-601 (Inadmissibility waiver).

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            • #7
              Originally posted by Arcticfox View Post
              You stated "married a girl on an aggreement basis so i could stay here." If this is not outright fraud then I don't know what is. There is a prohibition against approving residency for an alien who has committed immigration fraud. If you are honest and admit this to the officer at an interview then you will be at least required to file a Form I-601 (Inadmissibility waiver).

              yes that is what i did. when we came over everybody said you should get married and stay. i wanted to be with my current girlfriend and we talked about being a family one day. so in desperation and ignorance i married that other girl. but now i know the laws and I WAS THE ONE FILINGE THE DIVORCE. the divorce is taken place on august 3rd and me and my current girlfriend are planning on getting married as soon as we can. i just want fo know if this would implicate my greencard process. within a week of being married i filed the divorce with the current agreement basis one coz i know thelaws. would the immigration people catch up onthis or not? would i be able to get the greencard?

              i guess people make mistakes depending on how desperate they are.

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              • #8
                Doesn't sound like you went to far with the immigration stuff if you started the divorce proceedings a week after getting married. There's a question on the application to adjust status that asks something like have you ever attempted to obtain an immigration benefit through fraud. If you never applied for any immigration benefits before, then I guess no attempt had been fraud had been done yet. The choice as to whether to talk about his situation with the immigration officer is yours, but if you do then likely you will have to at least get an inadmissibility waiver approved.

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                • #9
                  Originally posted by Arcticfox View Post
                  Doesn't sound like you went to far with the immigration stuff if you started the divorce proceedings a week after getting married. There's a question on the application to adjust status that asks something like have you ever attempted to obtain an immigration benefit through fraud. If you never applied for any immigration benefits before, then I guess no attempt had been fraud had been done yet. The choice as to whether to talk about his situation with the immigration officer is yours, but if you do then likely you will have to at least get an inadmissibility waiver approved.

                  yes that is correct. i called a lawyer one day and she told me that aslong as i never filed any papers to immigration or anything, that i will be fine. its my first time in the states and yes we got married but then i filed the divorce coz only then when i started to read the laws about marriage based green cards did i realize it is fraud. will it count to my favour that i was the one who realized its illegal and filed the divorce?
                  so do you think i shouldnt put on the form that i attempted to gain immigration benefits through fraud? coz i never filed any papers?

                  thanks for replying this helps me alot.

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                  • #10
                    Hello everyone..
                    Please I'm having a concern that i need an advice on. I'm married to a us citizen. And we have file for my green card and work authorization. But I'm having a problem with my wife attitude. Before we got married she was nice and sweet but i never know she's a hard drugs addict . And she always harass me when ever she is on drugs. And I'm thinking of getting a divorce. But can i still get my work authorization and green card on this ground?

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