Legal Question in Immigration Law in Georgia

Divirece before Interview for GC

I read through the message board, and could not find an answer to my question. Sorry.

My Girlfriend married a US citizen and began her legalization status through him. They have been married a litle over two years, but are now separated. They entered the marriage in good faith, but things did not work out. There was no abuse, or drugs or anything like that. They just don't want to remain married anymore. He (US citizen) wants to leave the U.S.A. to go to Japan and live there, and she (non resident) wishes to remain here. They still have not had the Interview, but she has a work permit until 2006. Not a Greencard. If he leaves before their interview, can she divorce him, and re-marry another US citizen (me) and restart the legalization process without any complications? They have no children, no property. I am in the process of getting my divorce, but she is separated, and has not divorced fearing deportation.

Any advice would be greatly appreciated. Thank you for your time, and for allowing us to post questions like this here.


Asked on 10/22/04, 2:42 pm

3 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Divorce before Interview for GC

She should obtain a lawful divorce decree, and a new marriage certificate through her marriage to you, and then the both of you should immediately file a comprehensive family based marriage petition.

The USCIS and Department of Homeland Security have recently allowed for these family/marriage based cases to proceed much quicker than ever before, and you may have your interview within 75 to 90 days from the date of proper filing.

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Answered on 10/22/04, 2:57 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Divirece before Interview for GC

Dear Sir:

You certainly appear to have a complicated situation. From reviewing your facts there is no certainty that she will be able to retain her immigration benefits to date. In fact, it appears as if she may have to start from scratch. However, on the upside, she should be able to restart her process through you and obtain the same benefits she previously had. Although she would have conditional status again and would have to lift those conditions approximately 2 years from the time of her new green card. Again, I am giving you a very generic answer. I would suggest that you contact an attorney and discuss the specific facts so that he/she may guide you as to how to best approach the situation. If you would like to speak to our office you may contact me at (732) 985-1310. Good luck.

Sameer Kumar

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Answered on 10/22/04, 2:58 pm
Myron Morales Lee Lane Smith LLP

Re: Divirece before Interview for GC

There is an exception that applies if the marriage was entered into in good faith and then results in a separation or divorce. She could use the exception to try to maintain her status and lift the conditions on her own. Or she can marry you and start the process again, which might be easier and faster if the pilot program is in place in Atlanta.

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Answered on 10/22/04, 4:04 pm


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