Husband got convicted after 6mons approval for AOS

[gemini18 4]

Hi everyone... I just want to ask your opinion about this situation...

Her husband got convicted after 6mons of AOS approval... So whats gonna happen to her after her conditional status expired? Since her husband cannot go with her to apply for a REMOVAL CONDITIONAL STATUS since he will still be in jail( he was sentence for 3years for wire fraud case)...

I feel really bad for their situation they were just a newly weds couple...

I know this case rarely happend to anyone but her concern now if she will be deported when her 2years status expired. Can she apply for removal conditional status by herself since her husband still in jail?

I have no idea what to tell her maybe someone can give me some idea so i can relay it to her and can advice her what the right thing to do... Shes a mess... Depressed and so anxious to know her status in 2years and being apart with her partner devastated her...

PLEASE HELP!

[Ontarkie 14,226]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K-1 Fiance(e) Visa Case Filing and Progress Reports~~

[BobH 17]

Tell her to hire a lawyer, she needs expert advice.

Even if she has no money, there is legal help available. most will do a 1 hr consultation for a couple of hundred bucks.

[Sandra G. 5,048]

She has two options 1)file for I-751 based in bonafide marriage, she will need his signature of course,or divorce him and file I-751 waiver based in bonafide marriage.As long she has a bonafide marriage she will be fine.

I would advise her to move on, because her husband moral compass is broken.

[gemini18 4]

Thank you for the respond...

So if she file I-751 wavier what do she needs to bring with her as her evidence? What are the chances of getting approve?

Filing I-751 waiver will give her chance to remove her conditional status right?

Well if i will tell her to divorce her husband she wont be happy and maybe wont agree with it as an option... But the thing is she still don't have work for now... She only using his husband savings for living...

And also how can she divorce her husband if her husband still jail?

Thanx again...

[Sandra G. 5,048]

As long she is able to prove that she has a bonifide marriage she will be fine ,but to remove the conditions she will need his signature,if she files l751 waiver she doesn't need his signature I have no idea how she will get his signature in prison.,it's some thing she has to find out ,and how to serve divorce papers as well.If you are her friend you should voice your opinion without being afraid to hurt her feelings.

[gemini18 4]

Yes i know i feel bad about that... She was granted her 2years green card and she only been there less than a year... By the time she gonna Apply for removal of conditional resident if she file a divorce thats too early as applying for PR required at least 2years in marriage if i am correct and maybe its possible for her to just stay in marriage with him till she can apply for her PR... Her concern if theres an interview, does she have to tell the Immigration officer that her husband is in prison?

[Caryh 5,206]

Yes i know i feel bad about that... She was granted her 2years green card and she only been there less than a year... By the time she gonna Apply for removal of conditional resident if she file a divorce thats too early as applying for PR required at least 2years in marriage if i am correct and maybe its possible for her to just stay in marriage with him till she can apply for her PR... Her concern if theres an interview, does she have to tell the Immigration officer that her husband is in prison?

If she divorces and files a waiver, then they may want to know why she divorced, her husband going to prison is a pretty good reason why. If she stays married and files as married with his signature, and gets called for an interview, then explaining her husband is in prison might get her by that problem. She's in a pretty tough spot right now, the only well traveled path to remove conditions is through a divorce and waiver. Most married people do not get called for an interview when removing conditions, but the normal evidence built up over the two prior years when married is not going to be there for her. I admire her standing by her husband, even if he possibly doesn't deserve it, but it just might not be in her best interests to do so as far as immigration is concerned. And there is nothing saying she couldn't remarry him after she gets by the removing conditions. She may want to see if there is an immigrant help group where she lives. They often have access to pro bono lawyers that could advise her on her best path forward. She is not in a normal situation where a self help group can offer any more than our best guesses.

[gemini18 4]

Thank you for that kind respond...

So you mean she can file a divorce while her husband is in prison?

I am told that requirement for applying removal CR is the final divorce decree...

And if they will be getting a divorce... Can she remarry a US CITIZEN just incase she find someone? 2years is a long time. And anything could happen...

Her status right is waiting to get employed... Is this gonna affect her in the future if she doesn't have good income when she is going to file alone?

I hope my it make sense... Guys we really need your opinion... Thank you...

[Caryh 5,206]

Thank you for that kind respond...

So you mean she can file a divorce while her husband is in prison?

I am told that requirement for applying removal CR is the final divorce decree...

And if they will be getting a divorce... Can she remarry a US CITIZEN just incase she find someone? 2years is a long time. And anything could happen...

Her status right is waiting to get employed... Is this gonna affect her in the future if she doesn't have good income when she is going to file alone?

I hope my it make sense... Guys we really need your opinion... Thank you...

A spouse going to prison is generally considered grounds for divorce, so yes she can divorce him. But divorce law is handled by state law, and most states don't care why you want a divorce now, all that matters is you want one. I'm not sure how you file papers on someone in prison, but I'm sure a lawyer would know. At least they don't need to find someone who's hiding.

Removing conditions has no income requirements. The last sponsor income check was when she adjusted status.

Yes if she's divorced she can remarry, citizen or foreigner, its doesn't matter. Some states have a waiting period before you can remarry after a divorce.

[gemini18 4]

Thank you very much for that helpful respond...

http://info.legalzoom.com/divorced-california-husband-jail-21651.html

I found this link... Its really helpful

[Eric-Pris 1,606]

Seving somebody in prison is the easiest thing on earth, process server will have no trouble finding him.

[kcoyclay1 98]

Hmmmm. I would not suggest that you advise your friend to divorce her husband. That is for her to decide and not VJers. She needs information regarding removal of conditions and not marital advise. Best thing for her to do is to contact an immigration lawyer. He messed up; she didn't. I don't think that will negatively affect her immigration process. She just needs to know how she should go about removing conditions.

[CowBoE 429]

She definitely has a complication on her hand, but I also agree with kcoyclay1 that divorce is a personal decision.

Though he's been bad to the society, he might be a good husband to her and they may have child together too.

There is so much to consider before encouraging her to divorce...though I can understand that

that can be one of the options she will have to weigh.

God bless her...what a rough start in America...and I'm sure she came here

dreaming better life.

I'm no expert in this matter, so I will just leave my best prayer for her.

[dvc 11]

Note though, if she is filipina and she initiates the divorce she cannot remarry under Philippine law.