Immigration Issues/I751 and divorce

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Question
Hello, I have found myself in a somewhat unique situation.  I am involved with a woman who was sponsored by another USC on a K1 visa.  Their marriage has fallen apart and she wants to divorce him.  However, she only has the 2 year GC at this time.  Her conditional status will be up in October of next year.  I understand that she can file the I751 waiver.  Her first marriage was bonafied and her husband has all the documents, photos, bills etc to prove that.  My question is this, what if she was to divorce her husband and after the divorce was final, submitted the I751 waiver on the basis of a divorce and was married with me when she submits it, before the 2 year expires?  Would there be a high probability of her being deported?  What if we had a child together or she was to join the military?  What if her current husband wouldn't furnish the proof of the marriage being real?  I guess I just need some help on what you think are best course of action would be.  Thank you in advance.

Answer
Hi,

She should file the I-751 after the divorce. I recommend that she start collecting evidence of the bona fide marriage now and keep it in a safe place and attach copy of it to the I-751 when it is filed.

It is safe to marry each other after the waiver has been granted. If the waiver is not granted, she could be placed in removal proceedings, and therefore you can marry her if she is placed in removal proceedings. If the marriage to you is bona fide, the removal proceedings will be terminated and she can adjust status on the basis of marriage to you.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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