Future Ability To Have Thai Lady Qualify For Us Visa

[bbinla]

I had a relationship with Ann for about 15 months before I brought her to the USA on a financee visa. I have been to Thailand frequently for the last 10 years or so, on business and for relaxation and have made good friends and met Ann through them. We married timely and even though there was a 20 year difference between us, there was no problem qualifying for the conditional green card. About 18 months into the marriage, she decided that she was not ready for the responsibilities of marriage and family and wanted to have "more freedom". While we still are friendly, she has left and lives elsewhere in the Los Angeles area. After giving it some time, I have accepted her decision. Given that Ann is aware that she is making this decision before obtaining her permanent green card interview, I think her motivation in marrying me and in making this decision are both legitimate.

Since I still will be travelling to Thailand about 3-4 times a year, I think there is a reasonable possibility that I may meet another Thai lady (perhaps older this time, but whatever).

I would like to file the divorce petition next week (it takes 6 months to become final in California) and simply go forward with my life. However, my concern is that if we are divorced and she overstays her conditional green card, any application I may make to bring another lady in on a fiancee or marriage visa to the USA will be denied because Ann did not timely return under her visa. Do I need to wait to file my divorce papers until after Ann has her permanent green card interview (which, at this point, I would have no objection to attending)?

I would appreciate any constructive thoughts, recommendations or advice. Thanks very much.

[mgjackson69]

Bringing one lady to USA, marrying and qualifying her for a green card...then doing the same with another *might* raise a flag, I would think.

No experience in this matter, but logic says...

[wasabi]

I am in a somewhat similar situation but my former wife did return to the USA.

[LaReina]

I should think that if questioned and you indicate that you were separated and waited for her paperwork to go through before filing for a divorce, umm.. will not look good for you. Lots of red flags. But then again it is a 50/50 toss up and depends on who handles your paper work.

If you want to err on the side of caution and so as not to affect your future / future happiness with the "one, who is yet to come", then file now, and show that you are not part of some green card wedding scam.

If you want to put your soon to be ex-wife's happiness (which she obviously has no regard for yours being that she could not hack a 2 year marriage but wanted more "freedom") ahead of yours then go ahead and wait to file.

But answer me this.

If you are not married for 2 years, then your spouse is granted a 2 year temporary green card, and not a 5 year. At the end of the two years (or close to it), you have to file and show that you are still married AND living together. Are you saying you are prepared to lie on federal govt forms in your own country?? Or do you not read the fine print which states that is a felony Or maybe a misdemeanour. Regardless why should you risk your standing for someone who has moved on for more "freedom".

[CharlieB]

I had a relationship with Ann for about 15 months before I brought her to the USA on a financee visa. I have been to Thailand frequently for the last 10 years or so, on business and for relaxation and have made good friends and met Ann through them. We married timely and even though there was a 20 year difference between us, there was no problem qualifying for the conditional green card. About 18 months into the marriage, she decided that she was not ready for the responsibilities of marriage and family and wanted to have "more freedom". While we still are friendly, she has left and lives elsewhere in the Los Angeles area. After giving it some time, I have accepted her decision. Given that Ann is aware that she is making this decision before obtaining her permanent green card interview, I think her motivation in marrying me and in making this decision are both legitimate.

Since I still will be travelling to Thailand about 3-4 times a year, I think there is a reasonable possibility that I may meet another Thai lady (perhaps older this time, but whatever).

I would like to file the divorce petition next week (it takes 6 months to become final in California) and simply go forward with my life. However, my concern is that if we are divorced and she overstays her conditional green card, any application I may make to bring another lady in on a fiancee or marriage visa to the USA will be denied because Ann did not timely return under her visa. Do I need to wait to file my divorce papers until after Ann has her permanent green card interview (which, at this point, I would have no objection to attending)?

I would appreciate any constructive thoughts, recommendations or advice. Thanks very much.

I would say that you should proceed with the divorce asap and also write to the government department that deals with immigration in your area and inform them that you are seperated from this lady and in the process of divorcing her. You need to cover your own backside and look out for yourself. Don't do anything to make her life more difficult, as you don't want any trouble from her, but make sure the authroities know that you are making them aware and not hiding anything. Honesty is the best policy and as someone else stated, it may look even worse if you divorce one lady right after she gets permanent residency and then start the visa process all over with another one.

Edited September 3, 2008 by CharlieB