Can my wife get sponsored by a random person during her 2 year green card?? 3 Answers as of June 10, 2011

My wife and I had a rough spot in our marriage, we are only 9 months into our marriage and she ran off to live with a military "friend." She wants a separation, not a divorce, to see if he can sponsor her to keep her status and possibly reconcile down the road. I have been trying everything to fix the relationship but right now she doesn't think it is worth it and wants this guy to try first. What are the chances that their idea will work? If it fails will she be removed? I believe it would be better to stay married and separated and work it out.

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Fong & Associates
Fong & Associates | William D. Fong
No. Only a qualifying relative can petition for a foreign national. Generally a US citizen spouse, parent or adult child. For her to have this other person file, she needs to divorce you and re-marry.
Answer Applies to: Texas
Replied: 6/10/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
She will not be able to stay married to you and have him sponsor a green card. She will either have to go with you to the interview, get divorced and go herself, or re-marry and try with a new husband.
Answer Applies to: New Jersey
Replied: 6/10/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
To get the condition on her green card removed, both spouses must show up for the 2-year interview. The alien must be in a good faith marriage to the spouse who petitioned for her. A woman who is separated from her husband and living with another man is not in a good faith marriage to her husband. Man #2 cannot just step in and sponsor her for immigration. Husbands are just not interchangeable like that. By living with another man, your wife is not showing a good-faith intention to resolve your marriage problems. That, also, is evidence that there is no good-faith marriage. As the American citizen, you have the right to withdraw your petition for her and to divorce her. Once you withdraw your petition, she is no longer in legal status and she may be removed from the US.
Answer Applies to: Washington
Replied: 6/9/2011
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