Advice needed

[Feelinlost 0]

 

First of all! Thank you for your time, I am here to ask for some advice for my close girlfriend.

 

she came into the states with K1 visa around June 2016 and got married with in good faith. But sadly, soon she found out her spouse has some problems that’s unacceptable. After communication, they have  mutual understanding about getting a divorce peacefully. And she has started seeing someone else recently. 

Here are the questions, she has not received her conditional green card yet and had only been married for 1year and 7 months.(the case is still pending)

1.Does she need to leave the country after divorce immediately? 

2.Starting to date someone else, is this violating the immigration law? Can she continue to process the gc?

3.What should she do to continue processing the green card without her spouse?

 

I understand she is not morally correct in this situation, but being her friend and seen how this marriage had effect her life physically and emotionally. She is frustrated and insecure about her future.  Hopefully I can gather some information to help! Thank you very much again 

 

Edited January 30, 2018 by Feelinlost

[acidrain 325]

In order for "your friend" to have a spousal visa she needs to be married. "Your friend's" spouse signed an affidavit of support claiming financial responsibility. If they break up the visa is null and void. They no longer have a relationship in good faith. Since she never removed conditions she cannot sponsor herself. 

 

It's not illegal to date anyone else but it's illegal to live in the US without a proper visa. "Your friend" should do the right thing and return to their country. If she does not she risks being in the US illegally and being deported with no chance of ever coming back.

Edited January 31, 2018 by acidrain

[aleful 1,905]

hi

 

she can remove conditions as divorced. she will have to show that she entered the marriage in good faith

 

 

[Ontarkie 14,236]

She can't do ROC when she still has not completed AOS. 

 

 

[Pinkrlion 2,724]

She can only adjust with her husband.

[Feelinlost 0]

10 hours ago, acidrain said:

In order for "your friend" to have a spousal visa she needs to be married. "Your friend's" spouse signed an affidavit of support claiming financial responsibility. If they break up the visa is null and void. They no longer have a relationship in good faith. Since she never removed conditions she cannot sponsor herself. 

 

It's not illegal to date anyone else but it's illegal to live in the US without a proper visa. "Your friend" should do the right thing and return to their country. If she does not she risks being in the US illegally and being deported with no chance of ever coming back.

I appreciate your input, also I am amused that you went out your way to quote “your friend” 

[Feelinlost 0]

10 hours ago, aleful said:

hi

 

she can remove conditions as divorced. she will have to show that she entered the marriage in good faith

 

 

Hi!

Thank you very much, she is going to speak to a lawyer for more information, I will pass this on.

[Unlockable 7,314]

'Did she ever adjust status after marriage?

[aleful 1,905]

13 hours ago, Feelinlost said:

Hi!

Thank you very much, she is going to speak to a lawyer for more information, I will pass this on.

 

but first she has to have her GC, the problem will be if she divorces before she can adjust status, once she has the 2 year GC she can remove conditions as divorced. but if she divorces before that, then she will have to leave the country.