Can she re-sponsor me for green card if she files for divorce?

[xwnx]

Hi there,

So my girlfriend of two years who is a US citizen, is already in a marriage that is not yet finalized. She still has to attend her USCIS interview with her spouse, whom she no longer wants to be married to. He manipulated her into the marriage but that is not to say it was not genuine at the time. He is also a foreigner wanting permanent citizenship to the US. Through this time, she has realized she has made a mistake and does not want to go ahead with the marriage any more due to me being back in her life. However, I am also not a US citizen and currently reside in England. Is it possible for her to pull out of her current marriage and re-apply with me as her sponsor? I understand the USCIS will not take lightly to this and it is bound to look sketchy and skeptical and there is a high chance it will be denied. They have solid proof of their marriage being legitimate, such as their house lease, as well as car and everything else being joint owned. We have evidence of relationship also as she is an ex-girlfriend of mine who I was together with for two years, who I flew out to see a lot in the past few years and I have come back into her life last year while all this was going on, and now she realizes she wants to get married to me so that I can have permanent status and immigrate over to start a family with her. What are the odds of this being able to work out? Or will it instantly get denied due to the fact she is already wrapped up in a marriage that is not yet finalized? Will there be repercussions for either her or her current spouse if she was to pull out now and is there a waiting period that she should consider before re-applying, or is it hopeless? is there a way that she could immigrate to the UK and go ahead with a marriage here after she files for divorce, that would eventually let me immigrate over to the states? Any advice at all is appreciated here..

[krypton9591]

Hi there,

So my girlfriend of two years who is a US citizen, is already in a marriage that is not yet finalized. She still has to attend her USCIS interview with her spouse, whom she no longer wants to be married to. He manipulated her into the marriage but that is not to say it was not genuine at the time. He is also a foreigner wanting permanent citizenship to the US. Through this time, she has realized she has made a mistake and does not want to go ahead with the marriage any more due to me being back in her life. However, I am also not a US citizen and currently reside in England. Is it possible for her to pull out of her current marriage and re-apply with me as her sponsor? I understand the USCIS will not take lightly to this and it is bound to look sketchy and skeptical and there is a high chance it will be denied. They have solid proof of their marriage being legitimate, such as their house lease, as well as car and everything else being joint owned. We have evidence of relationship also as she is an ex-girlfriend of mine who I was together with for two years, who I flew out to see a lot in the past few years and I have come back into her life last year while all this was going on, and now she realizes she wants to get married to me so that I can have permanent status and immigrate over to start a family with her. What are the odds of this being able to work out? Or will it instantly get denied due to the fact she is already wrapped up in a marriage that is not yet finalized? Will there be repercussions for either her or her current spouse if she was to pull out now and is there a waiting period that she should consider before re-applying, or is it hopeless? is there a way that she could immigrate to the UK and go ahead with a marriage here after she files for divorce, that would eventually let me immigrate over to the states? Any advice at all is appreciated here..

is she already married to the current spouse and already filed? or is she not married yet, and hasn't begun filing for him? the way you've worded this post is quite confusing

[xwnx]

is she already married to the current spouse and already filed? or is she not married yet, and hasn't begun filing for him? the way you've worded this post is quite confusing

Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.

[boogiewoogie]

Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.

If she's not sure then things get complicated.
If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.

[krypton9591]

Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.

If she's not sure then things get complicated.
If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.

also might be worth pointing out that if she backs out of the current process, marries the OP and refiles, that could open up extra scrutiny as to the legitimacy of the new marriage and as to whether or not it's a real marriage or a sham so that you can get your GC

[Randomdude]

Apologies. She is married to him, the filing has already begun. The final stage is their interview together but she is not sure that she wants to go ahead with it anymore and let it progress for his benefit.

Well if its not a bonafide marriage then it's not a bonafide marriage. Last thing she'd want to do is purposely misrepresent, commit fraud and possibly get into trouble for that especially if she plants to marry you.

She's still on the hook for him via i-864 no matter what and they technically could make her pay back stuff.

[newacct]

Well if its not a bonafide marriage then it's not a bonafide marriage. Last thing she'd want to do is purposely misrepresent, commit fraud and possibly get into trouble for that especially if she plants to marry you.

She's still on the hook for him via i-864 no matter what and they technically could make her pay back stuff.

Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.

[Randomdude]

Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.

Percisely what I meant. All stated was assuming she went through and got LPR status for the current husband. Thanks!

[krypton9591]

Not true. The I-864 obligations only begin when he becomes a permanent resident (which hasn't happened yet if it's the AOS interview that they are talking about). If he doesn't become a permanent resident, she never has any obligations. Also, she can withdraw the I-864 at any time before he becomes a permanent resident.

If she's not sure then things get complicated.
If she is then she should file for divorce, inform USCIS and not show up to the interview or go there and plead her case.

Percisely what I meant. All stated was assuming she went through and got LPR status for the current husband. Thanks!

she could also withdraw the entire I-485, and that means the guy wouldn't even be able to stay. but irregardless of that it still may being up extra scrutiny if she marries the OP and files for AOS not long after divorcing the current AOS applicant and withdrawing the I-485 or I-864.

[Randomdude]

she could also withdraw the entire I-485, and that means the guy wouldn't even be able to stay. but irregardless of that it still may being up extra scrutiny if she marries the OP and files for AOS not long after divorcing the current AOS applicant and withdrawing the I-485 or I-864.

How would she be able to withdraw the I-485 if she's not the applicant? Wouldn't she only be the petitioner and sponsor thus limiting her to only having the right to withdraw the I-130 and I-864? I mean heck the petitioner can't even get information on the I-485 without the applicant being present so why would they be able to make decisions on the I-485?