What is the best way for me to change my immigration residency status? 3 Answers as of February 24, 2011

My girlfriend got her citizenship through marriage a couple months ago. Now she is separated and would like to get a divorce and marry me in order to help me with my papers (I came with tourist visa 7 years ago). We would like to do this ASAP but the state law (MD) requires 1 year of separation in order to file for divorce with voluntary separation ground. Would my petition work for INS if she files for divorce under adultery ground without compromising her legal status, knowing that all facts are real? Our situation is kind of special because we came together as boyfriend and girlfriend seven years ago. She came pregnant and we have 7 years old son. We separated and then she got marry with this other person. Her actual spouse is willing to cooperate to get a quicker divorce (no kids). We would really appreciate your help.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
We can certainly assist you in the immigration process to obtain your permanent residency; contact me at the email or phone number below and I can advise you of the procedures and costs to get this started while she Is working out the divorce details. I don't know if going to Las Vegas is still an option for a quick divorce; but I would consult a family law attorney on this issue. The grounds for her divorce won't matter unless her spouse claims marriage fraud.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your question is not about general information. The answer to it is not a simple one,neither. What you need is not an simple answer to a complicated case, like yours. What you need is a lawyer to prove against the presumption that your intention is not to invade immigration law. You are welcome to contact us for consultation and presentation.
Answer Applies to: Florida
Replied: 2/6/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You and your girlfriend need to meet and speak to an attorney. The fact that she is planning to marry you, a person with whom she had a relationship with before she got her Green Card through marriage, will likely create problems that could endanger her status. That does not mean that she cannot petition you, but this is something that you need to discuss with an attorney. As to getting a divorce, your girlfriend has to follow the law in the state she resides in regarding divorce.
Answer Applies to: California
Replied: 2/4/2011
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