Immigration/Divorce Question

[OsageDave]

For the past two years I've sent money monthly to a missionary in the Phillipines (on Mindanao). His 21 year old daughter met a man on the Internet last May, came here in Sept on a fiancee visa, married the man in Oct and now wants to get divorced from him. She received her temporary green card in January, but, from what I understand, that was issued based on the marriage. Her reason for wanting to get divorced is based on his porn use, ex wife, personal threats by him (no vioilence though), etc.  She wants to stay in the US, get an education, get a job and help support her Dad's work and her family back home. I told her I'd help her find answers about what her alternatives are.

I've called a couple of attornies local to her area. From what I can gather she needs to get her green card status changed so it is no longer based on her marriage prior to (or in tandem with) her divorce.

Can anyone tell me the steps she needs to take to navigate the paperwork involved properly as well as the type(s) of attorney she will need to do this? Has anyone been through this that can recommend someone?

Thank You

[william3rd]

She needs to get an immigration attorney. The issue is not necessarily one of changing the status away from marriage because the only way to do that is by getting a VAWA waiver.

Assuming that she has received 2 year conditional residence- which is what the facts that you have given so far shows, she has to show that she entered into the marriage in good faith when it comes time to remove the conditions.

What state is she in? I may have a referral for you.

[OsageDave]

She needs to get an immigration attorney. The issue is not necessarily one of changing the status away from marriage because the only way to do that is by getting a VAWA waiver.

Assuming that she has received 2 year conditional residence- which is what the facts that you have given so far shows, she has to show that she entered into the marriage in good faith when it comes time to remove the conditions.

What state is she in? I may have a referral for you.

She's in Kansas. I called & spoke to the secratary of an immigration attorney named Jihyun Kim but didn't feel completely comfortable sending her to his office. A referral would be great.

Showing good faith won't be a problem. She was duped. They guy wasn't even divorced when he filed for the fiancee visa but lied on the form and said he was.

[Ray]

Since she has her Green Card, she can get a job now.

Those attorneys may be wrong. The divorce needs to be finalized before she files for Removal of Conditions on Residency.

If she gets divorced, she can easily request a waiver of the joint filing requirement by checking a box on Form I-751 and self-petition for Removal of Conditions. Like William mentioned, she will need to show that she married in good faith. With the joint filing waiver, she can file anytime and doesn’t need to file within 90 days of her second anniversary of conditional residency.

But before she starts divorce proceedings, I would suggest to her that she try some marriage counseling first. She has only been married for what, 7 months? I didn’t read anything here about adultery, substance abuse, physical abuse, or extreme cruelty. Counseling will also help show good faith. Without it, she may look like just another Green Card Shark.

If the husband filed fraudulently because he wasn't legally free to marry at the time of filing for the K-1, she may have bigger problems if that becomes known to CIS. Have her consult with a good immigration attorney.

Question: Are you considering romantic involvement with this girl? Just curious.

[OsageDave]

Since she has her Green Card, she can get a job now.

Those attorneys may be wrong. The divorce needs to be finalized before she files for Removal of Conditions on Residency.

If she gets divorced, she can easily request a waiver of the joint filing requirement by checking a box on Form I-751 and self-petition for Removal of Conditions. Like William mentioned, she will need to show that she married in good faith. With the joint filing waiver, she can file anytime and doesn’t need to file within 90 days of her second anniversary of conditional residency.

But before she starts divorce proceedings, I would suggest to her that she try some marriage counseling first. She has only been married for what, 7 months? I didn’t read anything here about adultery, substance abuse, physical abuse, or extreme cruelty. Counseling will also help show good faith. Without it, she may look like just another Green Card Shark.

If the husband filed fraudulently becasue he wasn't legally free to marry at the time of filing for the K-1, she may have bigger problems if that becomes known to CIS. Have her consult with a good immigration attorney.

Question: Are you considering romantic involvement with this girl? Just curious.

  No, and you're actually the second person to ask that today. Her father has been a missionary building 2 churches in small villages in a remote part of Mindanao for the past three years. For the past two I've been his sole source of income. He's a remarkable man. His daughter has spent her life working for him in his church in Bislig City and in villages he's in now. She is very trusting and naive. I feel sorry for her.

From what she told me I believe she has complete grounds for divorce. He sounds like a porn addict who wanted a hot young Filipina to play with. He's been extremely controlling, manipulative and non-supportive. She has asked to go to counseling but he refuses. It's reached the point they are both discussing it openly but he has started to make mild threats if she follows through.

If she goes through with this I'll help her get on her feet but romantic involvement isn't my motive. I know she can trust me and as a friend to her family I want to help.

Thanks, too, for your advise. This is helpful.

[OsageDave]

If the husband filed fraudulently becasue he wasn't legally free to marry at the time of filing for the K-1, she may have bigger problems if that becomes known to CIS. Have her consult with a good immigration attorney.

When she told me he had lied about his divorce during the visa process I was concerned she might be in trouble if things didn't work out. She didn't know he wasn't divorced until after she was living here last Sept though, and he was divorced before their marriage in Oct.

[OsageDave]

Since she has her Green Card, she can get a job now.

What I was thinking of doing was letting her live with my son & I as a housekeeper and cook. I could help her learn to drive, go to school to get a decent job, etc.

To me that would be a win/win situation: We don't like to clean and cook (we eat out twice a day), she could stay until she got on her feet, and her parents wouldn't worry about her. I need to check with my accountant but I think I can pay her through my company since I office at home too.

[william3rd]

Extremely difficult for him to have lied on the fiancee visa petition as described because the basic requirement includes that both parties be free to marry on the day of the filing and a key supporting document is a copy of the final dissolution of the marriage.  There are a couple of levels of inspection so, unless he claimed that he was single, he probably gave the correct dates. Probably still married when he went to see her and may have lied to her about status.

I am going to steer you to the AMERICAN IMMIGRATION LAWYERS ASSOCIATION. GO to their website and see what members are in Kansas or if there is a chapter located there to refer clients to.

Those other attorneys have to be talking about a 360 petition because no other scenario makes any sense. Mental abuse can be grounds.

[doombug]

Kudos to you, OsageDave, for lookin' out for the young lady  ; and kudos to the pros here for helpin' homey sort this out.

She's in Kansas. I called & spoke to the secratary of an immigration attorney named Jihyun Kim but didn't feel completely comfortable sending her to his office. A referral would be great.

I talked to my good buddy Google, and he asked that I pass the following along. They are three Kansas-based attorneys who handle immigration related cases:

#1: Lauren E. Reinhold

 
http://www.immigrationandtax.com
 
Reinhold Law Office, L.L.C.
1046 New Hampshire Street
Suite 51

Lawrence, KS 66044

Tel: (785) 842-3222

Lauren E. Reinhold, Attorney at Law, has been practicing law since 1997, with a direct focus on immigration and nonresident alien taxation issues since 2001.  After most recently practicing law in a university setting where she assisted hundreds of international students and scholars, Ms. Reinhold opened the Reinhold Law Office, L.L.C. in late 2005. 

Reinhold Law Office, L.L.C. focuses on general and family immigration cases, special immigration issues facing students and scholars, employment visas and immigration consequences of criminal court dispositions.  Ms. Reinhold also provides experienced criminal defense representation in state and municipal court, as well as consultation services on immigration law to other criminal defense attorneys.  In addition to her legal services, Ms. Reinhold also has over five years experience in advising individuals and institutions on Nonresident Alien Taxation under the Internal Revenue Code. 

For new clients, we can provide a complete and thorough consultation by telephone or in person for a nominal fee.  Reinhold Law Office, L.L.C. is located in Lawrence, Kansas, only 45 minutes from Kansas City and 30 minutes from Topeka, Kansas.  We can provide services throughout Kansas and Missouri.  Ms. Reinhold speaks intermediate level Spanish and can arrange interpreter services where necessary.

#2: Kathleen A. Harvey

 
http://www.lawyers.com/kharveylaw

Law Office of Kathleen A. Harvey, JD, PA
7011 West 121st Street
Suite 102

Overland Park, KS 66209

Tel: (913) 491-6331

[No background included]

#3: S. Justin Palmer

Render Kamas, L.C. 
Law Firm in Wichita, Kansas
 
Location
345 Riverview, Suite 700, P.O. Box 700
Wichita, Kansas 67201
(Sedgwick Co.)

Free Initial Consultation
 
Contact Information
Phone: 316-267-2212; 1-800-794-8799
Fax: 316-267-4433
Email: Contact Us
URL: http://www.renderkamas.com
 
S. Justin Palmer (Member) born Kansas City, Missouri, July 2, 1963; admitted to bar, 2003, Kansas. Education: Kansas State University (B.A., 1987); University of Kansas (M.A., 1991; J.D., 2003); Northeastern University (Paralegal Certification, 1998). Member: American Immigration Lawyers Association; Kansas Association of Criminal Defense Lawyers; Wichita Bar Association. Practice Areas: Immigration and Naturalization. Email: S. Justin Palmer

Peact out!

[Ray]

Dave,

If she has tried to get him into counseling and he is a controlling jerk, then she should go ahead and cut her losses, but she really needs help from an experienced family law attorney with the divorce. She may not have to pay any legal expenses related to the divorce.

And she should at least consult with an immigration attorney about her immigration status and removing of conditions on her residence. If the guy was legally divorced when they married, then the marriage is legal. If he lied about his marital status on his fiancée petition, then there could be problems with her immigration status so it may be advisable that she not even bring that up, except with an attorney.

Usually the local Bar Association has a lawyer referral service that may include free or reduced-rate fees for an initial consultation.

She should try to get copies of all relative legal documents before she bails out. Anything that she may need to file the I-751, including marriage certificate, all her personal documents, any immigration paperwork, any evidence of a valid marriage, etc.

If she is from Bislig, then that’s not too far from where my wife is from in Surigao Del Norte. Have you been to Mindanao?

Ray

[william3rd]

Immigration attorney first, divorce attorney second. Divorce is easy, her problem is in immigration.

Marriage is valid per his statements.

The tale does not make complete sense-probably because it is filtered through a second/third person.

[OsageDave]

There wasn't an AILA affiliated lawyer near her (Wichita) but I called the REnder-Kamas firm Doombug posted and spoke to the immigration attorney's legal secratary. It sounds like they're a good place to send her. Thanks for the input 

[OsageDave]

If she is from Bislig, then that’s not too far from where my wife is from in Surigao Del Norte. Have you been to Mindanao?

Ray

Ray,

Thanks for the info above. From the advice I received here I think I have her headed in the right direction.

She grew up in Bislig City until her Dad gave his church over to a younger pastor and headed north to Agusan Del Sur to start a church in the village he grew up in. He has another one he's started that is about 20 miles away. This is his web site if you want to show your wife some pictures from near-home: http://www.winmbc.com/

[OsageDave]

The tale does not make complete sense-probably because it is filtered through a second/third person.

Through this process I've discovered that filipinos tend to tell pieces of information more than the whole too. It's been a bit hard to get the details from her but I think I have a grasp on the overall picture. In general she's unhappy, feels like a fool and scared. It's a sad situation. Hopefully she'll be a tad more selective with her next guy!

[william3rd]

Justin Palmer is an AILA member. He is #3 on doombug's list

[OsageDave]

Justin Palmer is an AILA member. He is #3 on doombug's list

I just got off the phone with him. He sounded like the right guy for her when I talked. I searched their web site using the AILA search feature and only came up with lawyers who were in other areas of the state. I'm not sure why he didn't come up. He can actually handle the immigration and divorce aspect.

Thanks again!