Need Serious help about divorce

[elar14 0]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

[Gary and Alla 3,694]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

Not to my knowledge for most cases. The K-1 entitles her to marry the petitioner. I have a friend who married a woman (here) that was in exactly the same situation as your friend and his wife had to return to her home country and he filed (successfully) for a K-3 visa. He did tell me that he had discovered a way (after she returned home) that she could have remained here. I am not certain but I think it involved abuse on the part of her K-1 petitioner. Such abuse would allow her to stay under the VAWA but would have to be documented.

At any rate, in most cases, she will have to get a divorce, return home and be petitioned by someone else, either as a fiancee or spouse (if she gets married here first)

[redglasses 1]

>if she can still get married to someone else and file a greencard

??????????

It is a fraud to get married just for a greencard.

[elar14 0]

oww...well, there is no physical abuse going on but there is for sure mental and psychological abuse.

thats why she wanted to get out of the relationship and just marry someone else because she doesnt wanna go home to the philippines.

omg!! she really is in serious trouble because i think no matter what she really has to go back home to her country.

[elar14 0]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

Not to my knowledge for most cases. The K-1 entitles her to marry the petitioner. I have a friend who married a woman (here) that was in exactly the same situation as your friend and his wife had to return to her home country and he filed (successfully) for a K-3 visa. He did tell me that he had discovered a way (after she returned home) that she could have remained here. I am not certain but I think it involved abuse on the part of her K-1 petitioner. Such abuse would allow her to stay under the VAWA but would have to be documented.

At any rate, in most cases, she will have to get a divorce, return home and be petitioned by someone else, either as a fiancee or spouse (if she gets married here first)

true!

this is why i told her that she is probably paying the consequences right now.

sorry for the double post.

[Anh map 2,098]

K1 is one time use visa to marry the petitioner. As stated before if there is documented abuse the beneficiary can file to stay. If not, then at AOS the beneficiary will likely be denied adjustment and have to return to the home country.

[ailyn 0]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

So i figured she doesnt have the GC yet since she's been married just a month ago, right? And i also figure that the USC husband will not file with her cause he even wants a divorce from her. I dont know, but for me, the safest to do is file for divorce (if there's no way they can settle everything up) and go back home. And maybe just wait for the RIGHT person for her.

[Chica Yeyé 41]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

No she cannot. Adjustment of Status can only be done through marriage to the petitioner. it is not a musical chairs game. -- she will indeed -should- go home.

[teslas 0]

There is another problem as well. She has one AOS filing in the works. She cannot file another petition until the current one is closed. But when it is closed the INS will come looking for her. So at this point she is kind of out of options.

[Gary and Alla 3,694]

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

So i figured she doesnt have the GC yet since she's been married just a month ago, right? And i also figure that the USC husband will not file with her cause he even wants a divorce from her. I dont know, but for me, the safest to do is file for divorce (if there's no way they can settle everything up) and go back home. And maybe just wait for the RIGHT person for her.

Sounds like the best solution

[Krikit 1,165]

Moving to Major Changes forum.

[baron555 934]

just marry someone else

Yea right! Sorry Charlie!

[Kil 0]

Is your info correct? or did you mean they got married in 2008.

From your post they have been married one month. Makes it sound like she only came to the US to get a green card not get married.

I have a friend who got here last January thru k1 visa and they got married last March 30, 2009.

The whole time shes been married to her husband they never got along and now the guy wants to divorce her.

Now, she is asking me if i have any idea if she can still get married to someone else and file a greencard so that she wont become illegal here in US.

does anyone know any solution for this?

is she going to be deported?

any advice?

thanks

[elar14 0]

thanks for all the reply.I think she should just go home.They were only married for a month.I dont think she really have that much option.

i guess she just have to go home..

thank you for all the advices at least now i can enlighten her with all the answers.