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    kobe_24's Avatar
    kobe_24 Posts: 3, Reputation: 1
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    #1

    Dec 21, 2008, 06:39 PM
    I am in a difficult situation and wants a divorce from my wife.
    Hi, I am married to my wife (who is from Vietnam) for about 16 months. She's been here in the US for about 4 months now. Since she's been here, we had a lot of conflicts and I found out that she's cheating on me. So when I went on a business trip to Vietnam a couple of months ago, I had an affair with a close friend of mine who I've known for 2 years. Spending time with her, I know now who I truly love and that my marriage to my wife was a big mistake. More importantly, I recently found out that I have gotten her pregnant.

    I have talked to my wife about this situation, and we both agree that its best that we get a divorce and go our separate ways. I truly believe that I should take responsibility for my actions and be with the women that is carrying my child.

    So my question is how difficult will it be for me to get a divorce from my wife and marry the women who is pregnant with my baby (to bring her over here to the US)? How long does it take for me to be able to remarry after finalizing the divorce?

    And when I get a divorce from my wife, how will it affect her residence status? Can she remarry with that other person (who is a US citizen) that she is seeing and not get deported back to Vietnam?

    Thank you.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Dec 21, 2008, 07:25 PM

    What is her status? Green card with 2 years conditions?
    kobe_24's Avatar
    kobe_24 Posts: 3, Reputation: 1
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    #3

    Dec 21, 2008, 07:51 PM
    Quote Originally Posted by lawanwadee View Post
    What is her status? Greencard with 2 years conditions?
    Yes, that is correct. She's been here in the U.S. for a bit over 4 months.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Dec 21, 2008, 08:29 PM

    Her legal status will be terminated by divorce and she has to leave US as soon as the divorce is final.

    However, the consequences will also be yours when you file a petition for your new wife unless you have strong evidence to prove that both marriages are genuine. Recommend having an experienced immigration attorney.
    kobe_24's Avatar
    kobe_24 Posts: 3, Reputation: 1
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    #5

    Dec 21, 2008, 09:19 PM
    Quote Originally Posted by lawanwadee View Post
    Her legal status will be terminated by divorce and she has to leave US as soon as the divorce is final.

    However, the consequences will also be yours when you file a petition for your new wife unless you have strong evidence to prove that both marriages are genuine. Recommend having an experienced immigration attorney.

    So what you're saying is for her to remarry somebody else is out of the question?

    And can you go into further details of what you mean by "the consequences will also be yours"? And can you give me some examples of what they would consider "strong evidence"? Wouldn't being pregnant be strong enough evidence?

    Thank you for your replies.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #6

    Dec 21, 2008, 10:46 PM

    USCIS always look for sham marriages... even you entered marriage in good faith, sometimes it's not easy to prove. There are a number of countries on marriage fraud watch list.. Vietnam is one.

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