This is somewhat OT and yes, it really is info I'm trying to learn "for a friend". I'm just posting it here on the off chance someone might know because it's very confusing and the guy is just about frantic.

Here's the sitch. Get your scorecards:

1) A U.S guy goes to the Phillipines and marries a woman there.

2) She leaves her young child behind and returns with the U.S guy to the U.S on a K-3 visa.

3) They are divorced less than a year later.

4) The "friend" mentioned above meets this same woman. He thinks she has a Green Card and has family here in the States.

5) Within months "friend" and this woman are married and have a baby.

6) It turns out that she never had a Green Card. The "family" that "friend" thought the woman had turned out to be the Filipino community in their city. She has no blood relatives here but every month sends money to her child and other relatives back in the Phillipines.

7) Last week this woman gets a letter from USCIS telling her that since she divorced husband #1 and did not have permanent status, she has been in this country illegally and will be deported in 30 days.

Needless to say, our "friend" is frantic. I am wondering if their own marriage is legal and how this might affect custody of his baby.

If anyone has any experience with this sort of thing, or could point me someplace to learn more (already been to the USCIS website but it's pretty general) I would greatly appreciate it.

thanks again
Mulan

Oh, Mulan, what a mess he has gotten into. They need to consult an attorney who specializes in immigration. They may be able to apply for a hardship waiver to keep her from being deported.

The marriage is legal, but that doesn't mean she can stay.
She may have to go back to the Philippines and go through another petition and waiting period.

But the bigger issue is that she lied to her husband. She needed to be married for 2 years and then apply. She knew that she was not here legally, and seems to have lied to your friend.

I know several men that married mail order brides from the Philippines that are very happily married. I think the women wanted to come here, but they are good wives, so who cares? But if I were your friend, I would be concerned.

She needs to go back and reapply for her green card the right way.

Married or not, she broke the law.

This happens a lot and even though there is a baby.... she is wrong. She has the option to leave the baby in the states.

This mother has already shown she will abandon her children. The guy (current H) ought to take his child and run. Let her go back and face her consequences.

JMHO,
L.