We've just got married and passed the first interview (the one for 2 years)... If we divorce now, is she obliged to return to her land or there's some option for her to stay here?
2007-07-27 16:09:36 · 13 answers · asked by Anonymous in Politics & Government ➔ Immigration
I think you are saying she entered on a K-1 fiancee visa and after marrying she filed for the green card and gained conditional residency.
Within the 3 month period prior to the 2 year mark she and you are supposed to apply to remove the condition on a form I-751, however, if you are divorced and she can still establish that you married in good faith, a waiver is available--also requested on Form I-751. The divorce needs to be final for this waiver and she should have a lot of evidence that you and she did have a legitimate relationship.
2007-07-28 02:34:06 · answer #1 · answered by sb 3 · 2⤊ 0⤋
If you divorce during the process for her first 2 year card, meaning... She's not yet been approved nor granted the 2 year conditional permanent resident card, then she will have to return to her home country unless there have been extreme circumstances involved. Those include abuse & so forth, as a previous reader mentioned. If that were the case, she could indeed apply as a battered spouse, but you would in turn face many allegations & so forth.
If you wait to divorce after she receives her conditional permanent resident card, she may still be granted her ten year card so long as the divorce proceedings are complete at the time that she applies to remove the condition (which is 90 days before her 2 year card expires). If the two of you are in the middle of proceedings when it comes time for her to file for her ten year card, then she cannot apply for a waiver of the joint filing based on USCICS' "good faith exception". The two of you would have to attend an interview together in order to remove her conditions, and even then, there would be a thorough investigation into whether or not the marriage was entered into good faith. If it is found that there is fraud or suspicion, you better believe she will be hauled off to Russia ASAP.
2007-07-28 00:04:45 · answer #2 · answered by UsCiS-ReP 2 · 2⤊ 0⤋
Since she passed the first interview she is considered a conditional resident. If you divorce before she is granted a premanent resident immigration will look in on it and if they see that you were married for immigration purposes then both of you could face jail time plus a huge fine and she could be deported. I have been working with someone on this for two years and have been doing lots of reading on the subject.
2007-07-28 00:28:34 · answer #3 · answered by ginnrc 5 · 0⤊ 0⤋
Has to go back if you divorce now. And at the 2 year period they will do another interview to see what the intentions are.
2007-07-27 23:36:49 · answer #4 · answered by sociald 7 · 0⤊ 0⤋
Depending the circumstances, Im from Costa Rica and my friend divorced her husband, and she still got hers. It does not mean she's deported automatically, they will question how truthful was the marriage, if there's extreme circumstances ie. abuse, drugs and alcohol, she can apply as a battered spouse .
2007-07-27 23:35:06 · answer #5 · answered by Gemini11 1 · 1⤊ 0⤋
Come on. What kind of fools do you take us for? You have a fiance that you are married to? If you are going to raise a hypothetical, at least take the time to ask the question with some semblence of credibility.
2007-07-27 23:43:19 · answer #6 · answered by Toodeemo 7 · 2⤊ 2⤋
Her own option would be to stay married, or be deported after divorce.
2007-07-27 23:27:07 · answer #7 · answered by Anonymous · 0⤊ 1⤋
My son married a girl from Hungary several years ago. I really don't want to scare you are sound like a evil mother-in-law but please be careful.
My son met her on a family holiday in Hungary.(His dad is also Hungarian) To make a long strory short, they feel in love (at least my son did). He had her visit the USA for 6 months as his quest on aa fiance visa,all expenses paid.
She returned home and he soon went back to Hungary to visit her.During their 4 year engagemant he was sending her at least$400,to $500. dollars a month so she could relax and go to Art School. She lived with her mom in a huge house in Budapest (they weren't poor)
A year or so later we all went back to Hungary and she picked him up at the airport and we never really sw him for 6 months. She and her mom sort of brainwashed him and kept him isolated from my husband and myself. Sounds insane but it happened.
Next thing she has a big diamond ring and is ordering two custom made wedding dresses. Of course my son is paying for everything ,rent to her mom, food for everyone, dog and cat food doing the yard work, he has turned into a little house man.
Wedding day approches and we still haven't met her mom.Very weird if you are having a big church wedding and the in-laws haven't even met and my son is paying for everything.
My husband is begging him not to marry her for months before the wedding,he speaks the language and know the customs there and knows she is only using our son.
Of course he doesn't listen to us.The day of the wedding while we are getting his 80 year old grandmother ready to go to her grandsons wedding, he calls and says he has woken up and is not marrrying her.
We are so happy that we go to their house to collect him and his things.
He still can't break free of her hole so he doesn't leave with us.
My husband and I return to the US to work.
He calls us on the phone to tell us he married her in a civil ceramony in Budapest.
He comes home and is flat broke, he had to borrow $50. from us he was that low on funds.
He works two jobs and lives with us for a year to save money for when she arrives in the states.
She arrives bringing along her dog and cat all at his expense.
They get an apt. and we enroll her in casino school and I use my contacts to get her a good casino job.
After only living with my son for 2 months, she starts really getting mean and crazy.She hits him and screams all of the time like he is her personal slave. It is sick to see.
He wants out of the marriage, we tell her that we will help her stay in the states if they divorece by getting a lawyer for her ect.
She must of been talking to some girls at her job because she learned the easy way out.
She called the police on my son and said he was beating her(not true but he was stupid and said the were fighting alot) They arrested him ect. she changed the locks on their apt. the same day and took his car and all of his things. We bailed him out and helped him though his divorce.
It was a long nightmare which he still hasn't recovered from.
We called INS but they couldn't be bothered and didn't want to talk about it since she had a green card.
We knew she was just using him to get into the US and then try to find someone with more money and power for herself
Be careful....
2007-07-28 02:29:12 · answer #8 · answered by Marilyn T 7 · 1⤊ 1⤋
She has no intention of divorcing you till she get her passport.
2007-07-27 23:17:56 · answer #9 · answered by Anonymous · 1⤊ 0⤋
ya there is an option you stayed married ass
2007-07-27 23:16:06 · answer #10 · answered by Eclipse 5 · 0⤊ 1⤋