Divorce after 2 years.

[roma79 0]

Hi everybody! I have a question for you. My friend filed for divorce w/her husband after 2 years of being married. He is US citizen, she is not. They got approved on I-130 form, but denied I-485 form. She didn’t get Green Card and EAD card,SSN,Nothing for those 2 years! Her husband was kind of "sick" man and didn't want her to get her status on time. He was jealous her so much,and didn't want her to be able to work,drive a car,just live a normal life .. So now she's finally decided to live her own life and get divorce. Does she still have a chance to stay in USA? And what if she meat some one and decided to get married again...Anyway what the chances for her in this case?

[Deputy Purple 1,294]

That depends on how she entered the US

[Otto 83]

** Topic may be more appropriate in "Effects of Major Family Changes on Immigration Benefits" (rather than ROC). Moving thread there.

[roma79 0]

That depends on how she entered the US

She came legally!!!

[VanessaTony 3,567]

Hi everybody! I have a question for you. My friend filed for divorce w/her husband after 2 years of being married. He is US citizen, she is not. They got approved on I-130 form, but denied I-485 form. She didn’t get Green Card and EAD card,SSN,Nothing for those 2 years! Her husband was kind of "sick" man and didn't want her to get her status on time. He was jealous her so much,and didn't want her to be able to work,drive a car,just live a normal life .. So now she's finally decided to live her own life and get divorce. Does she still have a chance to stay in USA? And what if she meat some one and decided to get married again...Anyway what the chances for her in this case?

I assume that she's overstayed a visa? If so she cannot stay in the US. She would have been given notice to leave the country when her I-485 was denied (typically 30 days to appeal or leave I think it is.. someone else will confirm).

If she met someone and wanted to marry again, she could but AOSing and staying there depends on several things. For one it would depend on why her I-485 was denied as well as how long she waits between now and then... all sorts of things.

As always the safest way to protect your immigration ability (like visas etc) is to not overstay, to not violate a deportation order etc and to follow the rules.

**Edit - I assume she overstayed because you said she was married for 2 years and because you said her husband delayed the AOS stuff.

Also, if she's overstayed by 180 days she will have a 3 year ban on leaving the US. More than 365 days is a 10 year ban.

Edited May 18, 2010 by Vanessa&Tony

[roma79 0]

she has B2 visitor visa, valid for 5 years, so she is fine. My question was can she still get any status by her own. They was married for 2 years, but didn't work out?

[roma79 0]

oh yes,this form denied,because her ex didn't show his income,so they need sponsors,that's was a reason....he did it for purpose!

[Okalian 41]

she has B2 visitor visa, valid for 5 years, so she is fine

What does the entry stamp say on her I-94? Likely it's 6 months...i don't think she's "fine"...

Please pardon me for asking this... why would he be "jealous" and prevent her from adjusting status if he has fully fulfilled his part (I-130)?

I truly suggest she speaks to an immigration attorney..

Edited May 18, 2010 by Okalian

[VanessaTony 3,567]

she has B2 visitor visa, valid for 5 years, so she is fine. My question was can she still get any status by her own. They was married for 2 years, but didn't work out?

As stated, the visa ITSELF might be valid for 5 years and multiple entries, but she is not permitted to LIVE in the US for 5 years. She would have been given an I-94 when she entered the country and that I-94 (white piece of paper stapled to her passport) should have the date she had to leave by marked on it (mine did). Failing that, she would have had a stamp saying when she entered, and then on the I-94 the length of stay would have been noted, most likely only a 6 month stay.

She cannot "get status" on her own.

Edited May 18, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

Your friend cannot adjust status on her own, meaning without her husband's petition. Since she did not successfully adjust status for whatever reason, she accumulated unlawful presence in the US. If she leaves the country, she will trigger a ban of 10 years.

But there's good news as well.

Since she entered the country with a B2 and not a K-1 visa, she can, theoretically, adjust status from within the country if she were to marry another US citizen. However, since her first petition wasn't approved, USCIS will have a very close look at such a potential second marriage, for obvious reasons and, if they feel it has been entered primarily for immigration purposes, deny a second attempt to adjust status as well.

[roma79 0]

What does the entry stamp say on her I-94? Likely it's 6 months...i don't think she's "fine"...

Please pardon me for asking this... why would he be "jealous" and prevent her from adjusting status if he has fully fulfilled his part (I-130)?

I truly suggest she speaks to an immigration attorney..

I don't know and don't want to know what was in his mind.... He sad to her that everything is under his control. Every time she was asking, every time he was telling the same things and finally when they got I-485 denied,because he is not making enough income! They need a sponsor! he was totally ok "like oh! Well it's ok! We will try again. You don’t need to work anyway, You have what you need!!" My friend just exhausted to be at home all the time, not abele to work, go somewhere by herself, have some personal life etc. So she couldn't handle it anymore.. Now I'm trying to help her, she lives at my house now, until we will figure out were to start and what to do next. She doesn't have money to hire an attorney because she can't work legally...it's all very difficult for her now. .Just forget everything and go back home? ..She wants to try to stay..

[roma79 0]

As stated, the visa ITSELF might be valid for 5 years and multiple entries, but she is not permitted to LIVE in the US for 5 years. She would have been given an I-94 when she entered the country and that I-94 (white piece of paper stapled to her passport) should have the date she had to leave by marked on it (mine did). Failing that, she would have had a stamp saying when she entered, and then on the I-94 the length of stay would have been noted, most likely only a 6 month stay.

She cannot "get status" on her own.

She came here a second time 2.5 years ago, yes and i-94 gave her 6 months. It was her second visit when they finally decided to get married. They had an attorney at the beginning, year after her ex fired him, like he sad "he doesn't want to waste his money. He can handle the case by him self. Its easy, plus the marriage is bona fide so there shouldn’t be any problem at all" She trusted him..

[VanessaTony 3,567]

She came here a second time 2.5 years ago, yes and i-94 gave her 6 months. It was her second visit when they finally decided to get married. They had an attorney at the beginning, year after her ex fired him, like he sad "he doesn't want to waste his money. He can handle the case by him self. Its easy, plus the marriage is bona fide so there shouldn’t be any problem at all" She trusted him.

Okay so she's overstayed over 365 days (actually she's stayed just under 2 years) which means IF she is deported (i.e. discovered by ICE or whatever) or IF she leaves the country she faces a 10 year ban.

Honestly, she's between a rock and a hard place. She leaves she gets a ban, she stays and get caught the ban is worse (voluntary leaving is better than forced leaving).

Right now she needs the help of an immigration lawyer. Maybe they know some way to help her out but I honestly doubt it.

Edited May 18, 2010 by Vanessa&Tony

[belinda63 3,039]

The big question is what happened with the I-485, you said it was denied. Usually at that point they ask the person to leave the country in 30 days. If this happened then there will be issues even if she marries and attempts to adjust status since ignoring a request to leave is frowned upon. Otherwise I agree with Bob.

[thongd4me 69]

Divorce

See this thread for more info.