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dama827 · Nov 1, 2008, 01:05 PM

Ok my friend just came to the united states and she is will be 18 in Dec. Her dad is here also they are both US residents. They are trying to find a way so my friends mom can come to the Usa without comeing illigal. But the thing is that my friends dad is a guess married to another Lady here in the USA so he can not bring his wife over here because of that. But they all want to be together.

lawanwadee · Nov 1, 2008, 03:14 PM

I don't quite understand your story... This man has been married in other country, had a daughter. He currently is a US resident (greencard or US citizen?). Did he file a petition for imimgrant visa for his daughter? Where is his new wife? Is she willing to get a divorce? Are they living together? Has he filed a divorce in his first marriage? Tell me more...

dama827 · Nov 2, 2008, 10:28 AM

Originally Posted by lawanwadee

I don't quite understand your story... This man has been married in other country, had a daughter. He currently is a US resident (greencard or US citizen?). Did he file a petition for imimgrant visa for his daughter? Where is his new wife? Is she willing to get a divorce? Are they living together? Has he filed a divorce in his first marriage? Tell me more......................

Ok ill try and make it a bit clearer. My friend’s dad married his wife in his home country in Central America long time ago. They had 3 children (they are still in love). He came to the US about 8-10 years ago. He married a lady about 7 years ago and I guess paid her so he could be legal here. So now he is a US resident with a green card and he filed a petition for his 3 children and they are all now US residents with greencards. But he can not file a petiton for his wife because he is married here. I think the lady is willing to get a divorce. He was living with the lady. But left her huose about a week ago so he could be with his doughter that just came about a week ago,(the other 2 children stayed at their home country because they don't want to leave their mom alone she has gotten really sick latley
Because of the whole situation. She has gone the embassy to see if she could at least get a visa but she has gotten denied about 3 times now. Now my friend wants to know if she could file a petition for her mom but I don't think she can because she is 17 and is not a US citizen.

dama827 · Nov 2, 2008, 10:34 AM

Originally Posted by lawanwadee

I don't quite understand your story... This man has been married in other country, had a daughter. He currently is a US resident (greencard or US citizen?). Did he file a petition for imimgrant visa for his daughter? Where is his new wife? Is she willing to get a divorce? Are they living together? Has he filed a divorce in his first marriage? Tell me more......................

Ok ill try and make it a bit clearer. My friend’s dad married his wife in his home country in Central America long time ago. They had 3 children (they are still in love). He came to the US about 8-10 years ago. He married a lady about 7 years ago and I guess paid her so he could be legal here. So now he is a US resident with a green card and he filed a petition for his 3 children and they are all now US residents with greencards. But he can not file a petiton for his wife because he is married here. I think the lady is willing to get a divorce. He was living with the lady. But left her huose about a week ago so he could be with his doughter that just came about a week ago,(the other 2 children stayed at their home country because they don't want to leave their mom alone she has gotten really sick latley
Because of the whole situation. She has gone the embassy to see if she could at least get a visa but she has gotten denied about 3 times now. Now my friend wants to know if she could file a petition for her mom but I don't think she can because she is 17 and is not a US citizen.

lawanwadee · Nov 2, 2008, 01:24 PM

Bringing her to US as a spouse may jeopardize his status on bigamy issue, if USCIS finds out that they were still married all these years.

If he and his first wife are still legally married, she should file a divorce. He also has to file divorce from his second wife.. and then remarries his first wife in order to be able to file a petition of immigrant visa for her. If the daughter entered US on immigrant visa, she is fine.

This is somewhat complicated... they need family law attorney. Do not attempt to proceed without consulting an attorney, this is a risky situation.

dama827 · Nov 2, 2008, 03:08 PM

Originally Posted by lawanwadee

Bringing her to US as a spouse may jeopardize his status on bigamy issue, if USCIS finds out that they were still married all these years.

If he and his first wife are still legally married, she should file a divorce. He also has to file divorce from his second wife.. and then remarries his first wife in order to be able to file a petition of immigrant visa for her. If the daughter entered US on immigrant visa, she is fine.

This is somewhat complicated... they need family law attorney. Do not attempt to proceed without consulting an attorney, this is a risky situation.

Thank you so much!!
Can I let you know if I find out some other things? Its just that I haven't asked everything to my friend about the whole situation

lawanwadee · Nov 3, 2008, 12:28 AM

Get as much info as possible..

dama827 · Nov 4, 2008, 03:18 PM

Originally Posted by lawanwadee

Get as much info as possible..

So I just found out that my friends mom never married my friends dad she just had kids with him but they still love each other. So wouldn't my friends dad just be able to divorce his wife and then marry his loved one and then make a petition for her?
But then wouldn't immigration suspect a lot of things?

lawanwadee · Nov 4, 2008, 05:20 PM

Originally Posted by dama827

So I just found out that my friends mom never married my friends dad she just had kids with him but they still love each other. So wouldnt my friends dad just be able to divorce his wife and then marry his loved one and then make a petition for her?
but then wouldnt immigration suspect alot of things?

This is doable but he may need help from immigration attorney specialized in family immigration. Most of all, he should wait until he become naturalized because if he file a petition for spouse visa while he still holds a green card, it will take 5-6 years to get her here. If he files as a US citizen, it's about 12-18 months.