QUESTION
Would it be wise to divorce her, and marry my new girlfriend and start all over? Or should I try to finish with my current wife?
Asked on Dec 26th, 2012 on Immigration - Florida
More details to this question:
This is kind of a lengthy question, but I am from Nigeria. I came here on a b1/b2 visa, and met the woman of my dreams or who I thought was. We married a few months after we met. Once we were married, I found out she has a criminal past, and she continues to commit criminal activities (she has been in jail at least 10 times in the 2 1/2 years we've been married. I work away from home, and I am always travelling. I recently found out she is now a lesbian and has moved out of our home, and is living with her girlfriend. I too have moved on, and have fallen in love with someone else. I recently got an intent to deny letter for my I 130 and my I 485 is still pending. The I 130 was denied because 1. we don't have any bank accounts together, but we can't because when we opened one together, the bank shut it down because she has written too many bad checks. Then, in our apartments I couldn't put her on a lease because they would deny us due to her. I would really like to divorce this lady.
4 ANSWERS
Rebecca T White
You will want to set a consultation to fully review the details of your situation, but in general people are going to be better off ending a bad marriage rather than trying to make a bad marriage work, even if it started out as a good marriage, in an attempt to settle immigration status.
Answered on Jan 04th, 2013 at 8:08 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 04th, 2013 at 3:31 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You cannot "finish with your current wife": USCIS will deny your case because you do not live together with her. Unfortunately, you cannot just divorce your wife and "start all over", either. Considering your second wife's petition for you, USCIS will require you to prove that your first marriage was a real one, and that you married your first wife with an intent to create a family, not just to get a green card. Your case is a complicated one, it requires a skillful handling; so you do need an immigration attorney. Considering that USCIS already issued a Notice of Intent to Deny, you have very little time to salvage your chances of becoming an LPR (once USCIS denies your first wife's I-130 petition for you, getting you a green card will become much more difficult).
Answered on Jan 04th, 2013 at 2:39 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Divorce the criminal lesbian, and marry your fiance. Then contact us and we will help you navigate the treacherous waters of the US immigration system.
Answered on Jan 04th, 2013 at 7:48 AM