what's her status?

Question

my friend went to the US last 2004, she then divorced her husband in the phils. On 2005, she got married to a US citizen, and never came back to the phils bec. until now she's waiting for her green card. what is her status as of today? and during her waiting period? did she violated any immigration law?

Answer 1

A Flipina getting a tourist visa to visit the US?

Wow! You don't see too many of those granted. She ought to write a book about how she got this visa...

1. She is a B-2 overstay (assuming she came as a B-2, of course)

2. Her waiting period is as long as it takes her and H-2 to file her adjustment of status. Usually about 6 months if they don't have any document mistakes, don't reschedule the biometrics appt., and file everything timely.

3. Yes, She violated a law in the technical sense but the immigration law always provided for an exception to such a violation for spouses who are B-2 overstays when the entry into the US was otherwise lawful and not soley for the purposes of marriage.

Lots of American guys marrying girls from the Phillipines...

Schmegicky won't because they always send the same initial IM: "A/S/L?" over and over and over again...

~Schmegicky
The A/S/L

Answer 2

Very unclear whats going on, hence no advice.

1. What kind of visa did she use to come to US???Was it Tourist?.

2. Philipinos laws are verystrict about divorcing. Technically you cannot divorce. So how did she managed to divorce him while in US?.. She needs to be divorced by HER country laws.

3. Did she overstay?., if yes, did she get married before or after visa expiration?.

4. Did she apply for GC Yet?.

Well thats the basic.If she aplied and there are no abovemantioned complications, then her status "Pending Adjustment of status".

Answer 3

I presume she has applied for her Green Card? As stated before, she still has to go through the immigration process. When she has applied for Adjustment Of Status, she is not allowed to leave the country unless she applies for travel documents. Also, if she gets travel documents, she is not allowed to leave the country for more than a certain period of time or else the application is considered abandoned. Also, be warned, when going through customs, it is up to the officer as to wether he will let her back in, re-entry is not a dead cert! I believe at this point before a green card is issued you are given a document saying you have applied for adjustment and a stay has been issued for deportation.

Answer 4

Each year, over 400,000 U.S. citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence.Spouses of U.S. citizens are considered "immediate relatives" under the immigration laws, and are exempt from all numerical quota limitations. In other words, marriage to a U.S. citizen is the fast lane to a green card. It isn't illegal, but this woman is using her husband and that's morally wrong.

Answer 5

Contrary to popular opinion, marrying a US citizen does not automatically make you a citizen yourself. One must still go to the INS and produce the proper documentation and go through the naturalization process. The major difference is that you get to skip the eligibility process and are just waiting for all the processing.
This is what she is most likely busy with. As for not contacting you, I have no explanation for that. Barring foul play, she may have just left her past behind as many immigrants do. Have you attempted to contact your friend?

Answer 6

It depends on what status she had when she came in and divorced her husband. If it was a tourist visa, she probably overstayed it.

Answer 7

Don't think so

Answer 8

No.

Answer 9

i think... there's nothing wrong