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Author Topic: What happens when a married woman gets a divorce and wants to come to the US?  (Read 410 times)

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Offline Jarvis

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Hello, I'm new to the forum and I'm unsure where to go for the questions I have. First of all, I would like to thank everyone for taking the time to read my post and putting their efforts to help on me on this endeavor.

Currently, the woman who I am speaking of is a Dominican citizen that is currently married for over a year to a US citizen and she has never set foot on US soil. She is no longer with her husband and is currently seeking to begin the process of filing a divorce. During her marriage, her residency visa has been approved by the US. My question is, what happens when she files a divorce and how does this affect her in regards to getting married again and coming to the US?

Bring Your Dominican Family to the USA - Dominicans to the USA


Offline D-mo

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Hello, I'm new to the forum and I'm unsure where to go for the questions I have. First of all, I would like to thank everyone for taking the time to read my post and putting their efforts to help on me on this endeavor.

Currently, the woman who I am speaking of is a Dominican citizen that is currently married for over a year to a US citizen and she has never set foot on US soil. She is no longer with her husband and is currently seeking to begin the process of filing a divorce. During her marriage, her residency visa has been approved by the US. My question is, what happens when she files a divorce and how does this affect her in regards to getting married again and coming to the US?

Sorry, I had to move your post to a more fitting topic area. but I also answered below.

Firstly, if she divorces her current spouse, the current petition is void.

second, The process must start from scratch with a new petitioner, there will be red flags and lots of questions. Divorce one American and marry another. A hard scenario for a Consulate officer to swallow without the suggestion that maybe she is getting married to Americans for visa purposes.

D-mo
"You can't fix stupid"  Ron White

Offline Jarvis

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Thank you very much for your reply! I can understand why this may raise red flags but wouldn't the fact that she has never set on US soil at least benefit her current situation?

What other options are there in regards to restarting with a new petitioner?

Based on her information, she got married in Dominican Republic and then applied for a temporary US visa called Conditional Residency. Which is a two year visa prior to qualifying for a green card. Of course, this will be voided once the divorce is finalized and I beleive a form must be filed to waive her current visa. The other option I can think of for the new petitioner is perhaps going with the K1 visa? Based on my research, it appears that the new petitioner would have to wait at least 10 months after the divorce is finalized to apply for the K1 Visa.


Offline D-mo

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Thank you very much for your reply! I can understand why this may raise red flags but wouldn't the fact that she has never set on US soil at least benefit her current situation?

What other options are there in regards to restarting with a new petitioner?

Based on her information, she got married in Dominican Republic and then applied for a temporary US visa called Conditional Residency. Which is a two year visa prior to qualifying for a green card. Of course, this will be voided once the divorce is finalized and I beleive a form must be filed to waive her current visa. The other option I can think of for the new petitioner is perhaps going with the K1 visa? Based on my research, it appears that the new petitioner would have to wait at least 10 months after the divorce is finalized to apply for the K1 Visa.

The fact that she hasn't been here is irrelevant. She is married to a USC already. She is married for LESS than 2 years AND has a current petition by that spouse.

When filing a petition for a spouse, being married less than 2 years automatically classifies her case for CR1 (Conditional Residency) ONLY. If they had been married for LONGER than 2 years, she would qualify for normal 10 year Residency. Both visa types give green cards, only the CR expires in 2 years and lifting conditions must be applied for before the expiration date on the card.

A Dominican woman MUST wait a period of time after divorce in DR to be eligible to re-marry. This is a law that was set in place long ago in DR! AND, there is also a waiting period to be able to file any type of petition. We don't recommend K visas at all, because it is a lot more hassle and money to deal with than filing for a spouse.

D-mo
"You can't fix stupid"  Ron White

Offline Jarvis

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Thank you for shedding some light. Makes much more sense.

How long does a Dominican woman would have to wait in order to re-marry? It appears that she would have to wait at least 10 months. Also, which visa route do you think the new pertioaner should take based on this situation?

 

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