View Full Version : Urgent help please!

10-14-2013, 11:55 AM
I know a guy who came usa for study and he got married with a ameican girl, so his status turned into spouse, but end of the processing the girl divorced him because she has extramarital affair with an european guy and she left for europe, so the guy got papers from immigration that he has to leave before a certain time, before he left on of his close friend offer him to get married that she will give him papers, they got court marriage 1 month before he left for back home as he didn't want to over stay. but after he left his wife didn't do anything for him at all, its been almost 6 years she is not divorcing him and not applying for him at all, she is staying with other boy friend and she and her boy friend have a daughter. now my family want me to get married with the guy, he is nice guy with some good qualities, i believe it was his bad luck that he has to choose wrong people for his life, my family know about his 1st marriage but they don't know about his 2nd marriage issues, the guy told me the truth that i can make my decision after knowing the truth, he is messaging the 2nd wife to give him divorce but she is hanging him and keep asking for money after money but not giving any other fruits. i want to know how come he can give divorce to the lady? and after his divorce if i get married with him, and apply for him, is there any possibility that immigration will stop him to come to join me in usa because he got married twice in usa? is there any possibility that immigration will doubt him that he wants to come usa that's why its fake marriage or something like that? i am in love with him, he does same, but we don't want to face this problem as my family doesn't know 2nd story as well, so i am so confuse, what should i do? and what kind of problem might happened? and what is the solution of those?

10-14-2013, 05:19 PM
Have you taken any legal advise in this matter from a divorce lawyer ? It is futile to ask a person for divorce if nothing has happened for last 6 yrs. Looks like this girl basically offered to help in exchange of money, otherwise it doesnt make sense that why you would get married to somebody if you have no intention to either help him get gc or actually live a married life with him. If he is already married in USA and if you both get married in USA, then potentially that girl can file for multiple marriages and if this fact is proved in court of law, then this guy will be in serious trouble.

Seek advise from a US attorney and file officially for divorce in which case, his current wife needs to respond to it and either agree to it or fight for it. As far as I know, in USA, if one person asks for divorce then other spouse has no option to say NO to it, I could be wrong but that is my understanding of family law in general. Both parties will fight for alimony or child custody (if any) and either sort things out outside court or in front of judge by appointing lawyers. So, the first legal step of seeking official divorce needs to be taken before any more steps are taken which can affect your life in a very detrimental way.

The situation could be tricky if this guy is actually living in India for last 6 yrs and have to fight for divorce case in USA. Once again, speak to a lawyer and see your options. Regarding immigration, I believe if this person gets legally divorced and then gets legally married to you, with an intention to be actually married to you and not just for immigration purposes then I dont see any problem with immigration. But, its upto immigration officer to either believe in your marriage or not.

My advise is solely based on general knowledge about family law in USA and in no way I support fake marriages.

10-15-2013, 02:41 PM
If your friend can come to US (even on visitor visa) then he can divorce in one hearing whether his wife agrees to it or not as they have been living separately for 6 years.

Now if he has to get divorce while in India, that is also possible without his wife's consent if he can serve her in the US and provide proof to the Indian court that she has child with another man. It will just take a bit longer there.

As for immigration stopping him from coming here or USCIS not giving him greencard, that seems far-fetched as it's not illegal to marry three times.

Just my non-legal 2c.