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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95097
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Asking question for a friend. Here is the scenario. About

Resolved Question:

Asking question for a friend. Here is the scenario. About 6 years ago his wife's brother and mother sponsored him and his wife for their permanent residency. Because it was not a priority type sponsorship, they were victims of "regression" and were then set back another two years. Finally, they have received an appointment for their "final" interview in June.
However, as the years have progressed, he has decided to end the marriage and file for a divorce and is thinking of NOT going to said interview.
#1. a. Will it hurt her chances for immigration if he does not go
b. If yes, will the whole process have to be RESTARTED for her?
#2. If he has NOT yet filed for divorce, would it be then in his best interests to wait to do that AFTER the interview. (At this point he is at the "end of his rope" and wants to file tomorrow!!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

 

Well, it seems to me that since it was his brother in law and mother in law that were the sponsors, then if he divorces, he will not be able to immigrate. It would not hurt her process and she does not have to start all over again, but he will. So yes, he should wait until after the interview, but he has to be careful because if he divorces too soon after immigrating, that may want to investigate his case because he is not supposed to be in a marriage just for the immigration benefit.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

This is what I thought also. However, HE does not care whether or not he immigrates...and he does have other means to immigrate if he wants to.


 


He just wants her out of his life, and feels that this is a good way to "get rid of her"...


 


The sticky situation is that they have been "separated" for about 17 years now, but living separately under the same roof..That situation existed when his inlaws filed, but he just went merrily along not divorcing her.


 


So my next questions are:


#1. in your opinion....WHAT IS THE LIKELYHOOD OF BEING INVESTIGATED...????PERCENTAGE WISE IF HE FILES ABOUT A MONTH AFTER.


 


Here is more info. They would both travel to the US to be processed.


She would stay (as she does not work) with her mom, he would go back


as he is the primary breadwinner... and then file in his home countryl....


 


#2. After a person is processed, can the "green cards" be mailed to two separate addresses in the US???


He wants his mailed to his brother NOT her mother, and she would have hers mailed to her mother's address. (HIS brother is NOT involved in the sponsorship process)


 


Thank you


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

1) I cannot give you a percentage chance. But being separated for 17 years even though they were living together, well, that makes it more difficult because they won't have that many things in common. I don't know if I would risk it.

 

2) Getting the green cards mailed to two different addresses will send up a red flag. So I would avoid that.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 1 year ago.

I cannot give you a percentage chance. But being separated for 17 years even though they were living together, well, that makes it more difficult because they won't have that many things in common. I don't know if I would risk it.



Regarding statement above, I am not sure I understand you. What would you NOT risk???



I realize this is serious, but I have to interject something here: THEY HAVE NEVER IN 26 YEARS HAD ANYTHING IN COMMON!!!


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then basically you are saying that all they have in common is a piece of paper that says they are married? They don't even have children together? Why are they even married? USCIS could end up asking.
Customer: replied 1 year ago.

They have one son and he is now of legal adult age. Don't ask on why they are even married. The male has been friend for years... and as his friend I understand why he never left before, and why he didn't leave when son turned 18 like he was supposed to. However, everyone else on the planet is asking the same darn question....


It boiled down to finance and "coasting along"/not rocking the boat. I don't believe he could have supported two houses and expensive private schooling.


So, I will pass this along. but one last thing


I know what we see in the movies... I myself am an immigrant, but went alone for my interview as my spouse was already here in US and a US citizen...plus that was eons ago...


but is there some sort of document that USCIS publishes that helps with or guides people into the sort of questions to expect at an interview??? (the kind they are going to have to face if they both go...)


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, that's good that they at least have a child together. Because of that and the length of the marriage, they probably won't ask many questions or even any questions in regards XXXXX XXXXX relationship. So they will ask more questions about their background to make sure there are not health or drug or criminal issues, etc. It should be a routine interview, nothing to be very worried about. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95097
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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