Legal Question in Immigration Law in Michigan

2nd International marriage -- new problems

I am a US citizen. I married a Japanese woman in Hawaii and applied for her greedcard(temp) in Nov03, which she received and she started working in Hawaii. In Aug01 we moved to Japan; she had not lived in the USA for the mandatory 1-year and her greencard expired

We split up in Dec02; she stayed in Japan and I moved to the USA. In Jan04 we officially divorced in both Japan and the USA.

Now I am in love with a Taiwanese woman, and we want to get married this year. She has been living (and working) in Michigan for the past 5 years. She applied for her greedcard a few years ago, but supposedly it will take another 5-10 years.

Her lawyer told us that I cannot get her a greencard when we get married, because there is a law that prevents a US citizen from ''giving'' a greedcard to another immigrant through marriage within 5 years of divorcing his former international wife.

Is there ANYTHING that I can do to make her a permanent resident? She is here only because of her work visa, and she said that if she switches companies, the greedcard process will completely restart. Would having a child help?


Asked on 1/25/04, 9:48 pm

3 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: 2nd International marriage -- new problems

Having a child will not help. If she has a greencard application pending through employment, you should check the processing times. It should not take 5 to 10 years, but around 3 years. She should also have an EAD to work and an AP to travel.

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Answered on 1/26/04, 8:27 am
Neena Bohra Law Offices of Neena Bohra

Re: 2nd International marriage -- new problems

It is a common myth that giving birth to a child on US soil will help with immigration benefits. Do not rely on this option.

I am happy to help you explore your options including checking the employment petition filed and exploring other options. You can email me.

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Answered on 1/26/04, 10:16 am
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: 2nd International marriage -- new problems

I am not aware of any provision in the law that would prevent you from marrying your Taiwanese fiancee' and petitioning for her green card.

Similarly, I am not aware of any provison that would prevent her from filing a family based petition while her employment based petition is pending.

She would have immediate relative status, which is sort of a first-class ticket to a green card.

I would check with the lawyer who advised you not to marry her and request a thourough explanation of the law he is relying upon. I also would be happy to assist you if you need any representation/consultation.

Regards,

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Answered on 1/26/04, 10:54 am


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