Marriage while in USA

[Boiler 46,199]

Nothing to suggest she would qualify for a work visa, if she did then her Employer or another one would need to go through the process and most unlikely to be quick.

[Villanelle 4,122]

2 hours ago, sjfoley1 said:

I am not well versed in this at all, so please take my suggestion with a grain of salt, but could the OP's current place of work attempt to sponsor a new work visa for her so she can continue to work through her divorce process and the AOS process, since it sounds like they do not want to lose her as an employee?

 

Her husband has the E2 work visa. As his spouse she is entitled to come with him to the US and is allowed a work permit while she is here. She can work anywhere she wants or not at all. So she would have to get her own work visa which can be hard. Only certain types of jobs/situations qualify for work visa. She most likely does not qualify for one but she might. She is not here on a work visa, she is here as a spouse of someone who is on one, so thats a big difference. 

 

The main issue she is going to have which was already brought up is the fact that she is here as a spouse of an E2 visa holder and has been quite clear that she is in a LEGIT true love relationship now for the last year. That means her marriage is not legit or at least has not been for the last year. You cant play both sides. While E2 does not have to show bonafides of the marriage like a spouse based petition does, a legitimate marriage is required for an E2 to bring their spouse. If the marriage broke down one year ago and the spouse remained in the US on the E2 spouse visa because since the marriage was still legal and not terminated yet so their visa was still valid,,, well, there may be nothing illegal about that- its just 'bad faith' and borders on visa misuse. When one applies for spousal visa benefits they have to make a statement that they entered the marriage in good faith and USCIS has to believe them. Thats going to be hard to do when you just showed them you acting in bad faith in another visa process. 

 

As for her being 'legal' through out this process of divorcing and remarrying and applying for AOS through spouse- there is probably some amount of a grace period from when the divorce is final to her needing to leave the US. I have no idea of how much time that is but I am pretty sure its not going to be enough for her to marry and file AOS and get the NOA. So she will most likely have a period of time where she has no status. 

 

 

 

[geowrian 22,338]

2 hours ago, sjfoley1 said:

I am not well versed in this at all, so please take my suggestion with a grain of salt, but could the OP's current place of work attempt to sponsor a new work visa for her so she can continue to work through her divorce process and the AOS process, since it sounds like they do not want to lose her as an employee?

Work visas are not easy to obtain or a simple, cheap, or quick process by any means. That is technically an option, although quite unlikely to actually be applicable here.

[Boiler 46,199]

As far as I know there is no grace period on an E2, not as if a divorce suddenly happens, there will be a long lead up.

[Duke & Marie 1,389]

I think the easiest and most morally correct rout is for her to be upfront with her husband, get divorced, go home and have this new guy to submit a k1 application for her...

 

I feel sorry for her husband... he must be a saint! 

 

There’s no way in hell that I would let my husband live under the same roof as me or stay under my visa so that he can work out how to work the system in order to remain in country with a new love of the last 12 months.. leaving me to think husband may no actually be aware of what’s going on.. just my opinion