Divorce/Remarry Fiasco

[bliledan]

Hi, my girlfriend is currently undocumented and her family has overstayed their tourist visas since 2001 or so (she's 21 now). I believe her father is being petitioned as a skilled worker. However, her parents are getting antsy and think that their papers won't go through. They have 4 children, two of them 21 or older including my girlfriend, and two that are minors.

Fearing for their children's future as well as their own, they decided for the mother to divorce in Nevada (we're in California) and for her to remarry six months later to a U.S. citizen for a green card and permanent residence. I suppose they think their children's status will follow. Bad idea right? Don't they have to prove lawful residence to get divorced? Even if they can go through, won't it raise suspicion before the judge unless they can prove legitimate reasons for separation? Why Nevada?

I don't know much about the situation as they just told my girlfriend before they went to work. We both think it's an obviously bad idea that will garner even more unnecessary attention to their status. Any way we can convince them not to as well as give them hope for their current situation?

Thanks a lot!

 

[AHA]

Any action that can get the entire family deported for life is NOT in the family's best interest. And this idea qualifies greatly for that.
Desperation doesn't have to lead to stupidity.
They should talk to an experienced immigration lawyer and find out what is happening with the case they already have with USCIS for legal status.

 

[bliledan]

Thanks for the advice! This is exactly what I was thinking. Her mother isn't the sharpest knife in the drawer (oh noes), is quite impulsive, and the one suggesting to go along with this. Just curious, but at what point in their proposed process will bring the most attention/heat to their status? Right when she files for divorce? It's a moot point, I know, but anything that will convince them not to do this certainly won't hurt. Thanks again!