Question:
Ok, let me briefly set up the scenario for all: The situation involves
a married couple who are in the process of applying for a green card
for the foreign born spouse in the state of FL. The couple has been
married for 3 years, and they have an interview date TENTATIVELY slated
for the beginning of next year. If the green card is granted, it would
not be a "conditional" one b/c they have been married for more than 2
years at the time of the interview...so, really my first question is
how long should the foreign born spouse wait before divorcing the
current US spouse and possibly remarrying (in the US) to ensure that he
keeps his PR and immigration doesn't see any "red flags" regarding the
first marriage?
Answer:
You have let the cat out of the bag. Whatever the original reasons where for
getting married, it has turned into a marriage of convenience. If there is
no intention of continuing with the marriage then there is fraud taking
place. Sorry to be the bearer of bad news, but you should not have asked
this question on a public newsgroup. Youave put honest, law abiding
people,in an awkward situation.
Well, if you get a "non-conditional" green card, they won't know or care
if you get divorced after that. So the short answer is, it's generally
OK to divorce after you get your ten-year green card.
However, to get there you would first have to attend the interview, and
you would need to tell the truth about your marriage at the interview.
So whether you get a green card at all, is a question. If it were me, I
would bring my attorney with me to the interview.
Well, if you're in "definite need of sound legal advice", then by all
means post your question in an open forum populated by laypersons who,
by and large, know little about the law, and who have no emotional or
financial stake in you getting what you want. You sound reasonably
intelligent... pony up the bucks, consult an experienced immigration
attorney, and get some "sound legal advice".
