Need Info please

[Chanteck]

I have 2 questions that I have not been able to find answers to as of yet.

I want to get a fiancee visa app. started for my fiancee.
She lives in Iran and we have no embassy there, also the internet there is filtered so she can not go to the US gov websites to get any info or e file anything. She lives close to Turkey and could go to the embassy there. The major question I/we have is this.....She is married but seperated from her husband, he refuses to grant her a divorce and she has no way to end her marriage unless he agrees to the divorce. Is it possible to get a fiancee visa? I understand that to get the visa she has to be unmarried but according to the laws in her country if her husband does not agree she has no course of action to end her marriage to him. Would the best course of action be to get her a non immigrant visa and marry when she is here on that visa in light of the fact we have no diplomatic relations with Iran and we were married she would not be eligible for extradition. Please help if you can we would really appreciate it.

[tony869]

Well you are basicly out of luck and 1000% your filing will get denied!

[wavedom]

My guess is that an attourney would be able to help you more than people at this forum, especially since the situation appears to be complicated. As the previous post stated, the application will be denied if you don't provide documents showing that the previous marriage has been legally terminated. I don't know what the procedure looks like in Iran, but is there only one kind of document available to show that the divorce is completed (which requires her ex-husband's permission)? Is it possible to show that the marriage wasn't valid in the first place (for some reason) and that it therefore has to be declared invalid immediately (similar to a catholic annulment)?

Bringing her to the US with a non-immigrant visa sounds a bit risky. If you do that and then try to adjust status to LPR you would basically have two options. You either tell the truth or you pretend that she never has been married. If you tell that she's already married, I doubt that she will be able to adjust status based on your marriage, since she won't be free to marry in the first place (due to still being married in Iran). If you tell that she's never been married, there might be serious complications afterwards if they find out about it. Even if an official extradition wouldn't take place, I don't think it would save anoyone from removal proceedings, if it comes to that. If the USCIS wants to deport someone, they'll find a way of doing it. In any case it wouldn't stop the fact of actually being in that position. Lying on a green card application and possibly ending up in removal proceedings is a very unsafe position to be in. So, if I was in your position I would consult an attourney who has experience with cases like this.

[tony869]

I agree with the recent post but how ever lying on a green card is a felony and either way if you attempt to bring her here to the states the outcome is not good... So hiring a lawyer is going to be a waste of money in this case... So if there was a freak accident on that womans hubby and he passed then you can do it.. So if i were you move on and there is an another woman out there for you...

[rgranlund]

Agree with Wavedom (lawyer is your best bet) and Tony 869 (it is probably a waste of money).

You may try thinking outside the box (not illegally, just non-conventionally).

1. If she can get to Turkey, then she can probably travel out of Turkey. Maybe she can make it to Mexico. If you do not live far from Mexico, it is a whole lot closer visiting here there than in Iran.

2. You might be able to emigrate to Mexico easier than she could immigrate here. Of course, if President Obama is re-elected, she'll probably be here faster from Mexico than my fiancee from China (I started the legal process in July 2011 and have been under Administrative Processing for the past 90+ days!).

[tony869]

rgranlund oh now you touching a huge nerve here... People like you to encourage illegal immigration is so NOT COOL.... Obama will not get re-elected and besides Mexico does not have a open immigration process and have you heard what they do to people that sneak in their country??? Haven't you heard drug cartels rape, kidnap, murder, force aliens to smuggle drugs, and corrupt cops kill illegals.. Boy your suggestion is in poor taste and no wonder why people like you are not taking a stand against illegal immigration here in the USA...

If he really wants this woman to come here let them do it in the right way and legally PERIOD. Even this means she gets a legit divorce and go from there. I cam tell you getting a Lawyer for his issue will be a huge let down because of this.. 1. No US embassy in Iran. 2. Sanctions. 3. Sharia law in Iran will have her killed if she even tries to escape her current husband. 4. Iran is brutal to women there...