Green card process what happens when one wants a divorce?

Question

just asking question about a friend of mine she just recently got married to a man from africa and they have been married for about a little over 2 months and she just found out that he was cheating with other women and he continues to lie about it what i want to ask is what happens since he is here on a b1 visa and they have not started the whole green card process i mean paperwork they have spoken with a attorney but they have not filed anything yet so what happens to that person would they still be able to get a green card once she divorces him or what happens with the whole process since she wants to leave him will he have to go back to his country or what happens from here just need some info

Answer 1

First of all, she cannot get him a spousal visa yet since they were married while he was on a visitor's visa.  He has to return to his own country.  Nothing has been filed yet and nothing can be.  So she should get the marriage annulled immediately.  He only married her for her money and a green card, which constitutes fraud.  

See an attorney who specializes in Family Law, especially divorce and annulments.  File for an annulment based on his defrauding her. Report him to ICE for marriage fraud and have him deported.  She needs to protect herself and needs to get him out of the country.  I've seen too many cases where these fraudsters behave badly in the marriage, but then get nasty when she files for divorce or annulment.  Get him out of the country pronto!

Answer 2

Nothing happens to his green card process because he and she haven't started the processing yet.  If she sponsored him, she would ask for withdrawal.  Then he can not get his work permit and green card that's all.  

I will say that if she wants to divorce, then act on it.  Don't use this to manipulating him.  It is an expensive and long suffering process.  Once she starts, and cannot finish.  You don't know how the opposite reacts on it.  Especially she is a woman.  Don't play game.  It's dangerous.

Good luck!

Answer 3

She will have to file paperwork to withdraw her petition and support in his immigration process.   Chances are the government will recind his conditional status immediately and he'll be served with papers telling him to leave the country - (if they know where to send them- assuming he doesn' tlive with your friend anymore) but nobody actually comes to the door and escorts him out, so if he chooses to run - he runs.    It could take a while to actually see him deported in that case.

Answer 4

She needs to file divorce and as long as she hasn't filed any paper work for his green card, his status in US is NOT her responsibility.

After the divorce, he should find other way to apply for immigrant visa. And she never has to worry about him after that.

Answer 5

If he is here on a B1 visa, he can file a I-485 petition, adjust status to permanent resident, based on marriage to a US citizen.  This is why Immigration is very fussy on letting a US citizen's non-US spouse come in on such a visa.  However, the US spouse must support the application, or it won't be approved.  File for divorce, and be done with it. Report him to the authorities for possible immigration fraud, since fooling around with other women doesn't make for a committed marriage.