Urgent: Need help on a situation!!

[mrstagoe2015 0]

Hello I have a question about an issue. I have a friend who came to the United States on a student visa. During the time of  the student visa my friend got married but the spouse never submitted for the adjustment of the alien spouse. Alien spouse never got a green card or any papers submitted on their behalf. They have since separated and are starting the divorce process. Questions:

 

1. What would the alien relative need to do to be able to get a green card?

2. Is getting a green card still an option?

3. Would the alien have to apply for green card prior to divorce?

4. Since student visa is expired what is the process?

5. Can you give me a link or guide me in the correct direction to help?

 

 

 

 

Thank you for any input or suggestions it is much appreciated!!!

[JFH 12,190]

1. They can’t

2. No

3. That would be fraudulent to apply for adjustment of status based on marriage when they are in the process of divorcing 

4. Return home

5. What help? The visa has expired so he/she must leave. He/she cannot adjust status as the marriage has failed. 

 

[Liam2021 582]

Since they 're on the process for divorce, apply for GC is not possible. Even the US spouse want help out and postpone the divorce,  they have go through the interview to prove that the married is bonafide. However, they're now separated.

[JFH 12,190]

How long has the person been in overstay? He/she has likely also incurred a ban. 

[Going through 5,671]

20 minutes ago, mrstagoe2015 said:

1. What would the alien relative need to do to be able to get a green card?

2. Is getting a green card still an option?

3. Would the alien have to apply for green card prior to divorce?

4. Since student visa is expired what is the process?

5. Can you give me a link or guide me in the correct direction to help?

1.  There is no legal basis for the alien to receive a green card.

2.  See #1

3.  See #1

4.  They must return to their home country.

5.  There is no other legal option.

 

Curious as to why the spouse never submitted the paperwork.

Edited November 14, 2018 by Going through

[Boiler 45,417]

Find another Spouse?

[nastra30 2,282]

Unfortunately, there's no longer a green card path for your friend with his current wife (which he's due to divorce). I will be more concerned about how long he has overstayed his visa which could potentially affect any future immigration benefits considering his situation. He should start considering life back home in Ghana.