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L-2 VISA Divorce

By Akito in General Immigration-Related Discussion

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Akito Newbie

Akito   0

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Hello.

 

I have a question regarding a situation that I am going through.

However before all this, I would like to say that moral is not part of the question.

 

I am currently dating someone who is on a L-2 Visa.

I am a citizen of the United States, and am hoping to get married to her.

There has been domestic violence in her household, and she has been told by her husband that she should no longer expect anything from him. (Love, support, etc)

Now, with that said...

 

Is it possible for her to get a divorce, and get married (I am in a state with 0days waiting period for remarriage) shortly after her divorce?

It would be a legitimate marriage, and we would have proof that we are a happy couple.

I understand that she would lose her L-2 Visa status, and at that point she would be in the states illegally. 

 

With how immigration is now, is it possible for me have her apply for a fiancee visa?

I have searched online for an answer, but because this case is not as common, I figured I can ask this community.

 

Any help would be appreciated.

 

Thank you!

 

Akito

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dnp2014 Community Regular

dnp2014   44

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Filed: Lift. Cond. (apr) Country: India
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You can marry her once she finalize her divorce. Then apply for Adjustment of status (I-130 & I-485) 

 

USCIS need to approve her I-485, meaning they will need to see your marriage was real 

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Akito Newbie

Akito   0

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Hello again, and thank you to the person who helped me with my other question.

 

I am currently dating someone who will need AOS/i-485 after I get married.

She is currently... already married, and yes, I understand that this is morally wrong.

Let's all put that aside for now please.

 

My question is, would the AOS or i-485 be any different if she were pregnant with my child?

She is not pregnant, however if for any reason she does become pregnant...

I'm pretty sure she would file her divorce with her current husband, and would everything be the same from there?

 

If I also may ask another question...

Would the AOS/i-485 process be faster if we lived in the same household?

We currently live in two separate houses. (She currently lives with her husband).

Is it harder to prove that our relationship is bona fide if we lived in separate houses?

 

Thank you so much for reading through this.

 

Any answers would be appreciated.

 

Thank you.

 

Akito

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)

Edit.  Noticed other thread.  Asked for merger.  

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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27 minutes ago, Akito said:

My question is, would the AOS or i-485 be any different if she were pregnant with my child?

She is not pregnant, however if for any reason she does become pregnant...

I'm pretty sure she would file her divorce with her current husband, and would everything be the same from there?

Pregnancy won't affect the AOS process. Pregnancy (followed by a subsequent birth) only shows that the reproductive organs are working.

 

27 minutes ago, Akito said:

If I also may ask another question...

Would the AOS/i-485 process be faster if we lived in the same household?

We currently live in two separate houses. (She currently lives with her husband).

Is it harder to prove that our relationship is bona fide if we lived in separate houses?

Living together is good evidence of a bona fide marriage and something they will look at. It does nto guarentee anything and does not speed up the process.

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Akito Newbie

Akito   0

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15 minutes ago, NikLR said:

Edit.  Noticed other thread.  Asked for merger.

NikLR:

Thank you for your reply.

 

Sorry I am still new to this website, and am trying to figure it out.

Is your reply going to be sent to the other one?

 

Thank you.

 

Geowrian,

 

Thank you for your reply. 

I see... Pregnancy doesn't really do anything but prove that the reproductive systems are working...

Heheh. Thanks. I needed that laugh today.

 

4 minutes ago, geowrian said:

Living together is good evidence of a bona fide marriage and something they will look at. It does nto guarentee anything and does not speed up the process.

I understand. I will notify my girlfriend regarding this.

 

Thank you Geowrian : )

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belinda63 Experienced

belinda63   3,038

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Filed: Citizen (apr) Country: Iran
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Questions: Is she from another country and how did she manage to come to the US? Why hasn't she obtained a green card from her current spouse? Pregnancy is neither a plus nor a minus in this situation but it could look like she is shopping for a green card based on the answers to the previous questions. 

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Akito Newbie

Akito   0

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18 minutes ago, belinda63 said:

Questions: Is she from another country and how did she manage to come to the US? Why hasn't she obtained a green card from her current spouse?

Hello Belinda63.

Thank you for your reply.

She is from Japan. (I am also from Japan) She came in with a L-2 visa through her current spouce.

 

She has yet to apply with her spouce, but at ealiest she can apply in January2018.

 

23 minutes ago, belinda63 said:

but it could look like she is shopping for a green card

Yes... I thought of this as well. However we talked about it multiple times.. and all she has to do is stay with her current spouse to obtain a green card through his company.

 

I know things like this comes up, but I believe her.

 

Thank you Belinda63 : )

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TBoneTX Grand Master

TBoneTX   45,329

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

Similar-themed threads have been merged.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Akito Newbie

Akito   0

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Hello.

Thank you all for being so helpful, and apologies... I have more questions.

 

I was talking to my girlfriend about this, and something came up.

Because she is on a L-2 VISA, would her divorce with her current spouse revoke her VISA, sending her back to Japan?

 

I understand I can do the AoS, but is it going to be....

File a divorce, 5 minutes later get married? (I'm in a state 0 day waiting period)

If that is okay, would she be able to stay in the US? Would she still be able to work?

If not, and she is sent back to Japan, would it be easier if I filed a K-1 VISA with her?

 

Also, at this point with the questions that I have... would it be a good idea to higher a lawyer?

I have read through the documents, so I understand the procedure. However, I feel that this is an odd case.

 

Thank you

 

Akito

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  • 4 months later...
Akito Newbie

Akito   0

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Hello everyone.

 

I am currently dating someone who is married. (Yes I understand that this is wrong. But please just go with it for now)

 

She(L2Visa) and her husband(L1) are both Japanese. Things aren't going so well between them so they are looking to get a divorce.

 

My question is, would it be possible for them to get a divorce in Japan, (through a Japanese Embassy in the US) and have it be recognized in the United States? They are both in the US.

 

Thank you in advance.

 

Akito

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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2 hours ago, Akito said:

Hello everyone.

 

I am currently dating someone who is married. (Yes I understand that this is wrong. But please just go with it for now)

She(L2Visa) and her husband(L1) are both Japanese. Things aren't going so well between them so they are looking to get a divorce.

My question is, would it be possible for them to get a divorce in Japan, (through a Japanese Embassy in the US) and have it be recognized in the United States? They are both in the US.

Thank you in advance.

Akito

So if they are already in the USA they can get a divorce in the state they are in with no issues.

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Ontarkie Grand Master

Ontarkie   14,234

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Filed: Citizen (apr) Country: Canada
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~~Related threads merged. Please do not start more then one thread for similar or related questions.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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