Hello fellow VJers:
I am a US citizen, and I divorced my wife who I sponsored on an IR-1 visa seven years ago. She is a permanent resident residing in the USA. I divorced her because of her abusive personality to the point of legal involvement. One cannot imagine what I endured during the last three years of our marriage.
Now that I am moving on with my life, I met a lady who recently entered the US. Here is her situation:
She was detained at the border for two days, processed, and given probation status as an asylum seeker. She has been in the country less than two months. She currently cannot work or travel outside the USA. As most couples discuss, the possibility of marriage does come up. After checking with an attorney, she was told that if she married a US citizen, then she could be placed at risk of deportation because the government could view it as a transaction, given her probationary status. She said that she has to apply for her work permit and then present herself to an immigration judge within 4 years. The reason that I am coming here is because I would not do anything to put her or myself at risk.
I am not understanding what it means to be "probationary status" as a potential asylum seeker. Why does she have 4 years to apply if she only has a probationary stay? I'm utterly confused. The big question is if there is any path forward to marry her without her returning to her home country (she can't because her life would truly be in jeopardy). I thought she could adjust her status. But turns out that she really doesn't have a status? Am I correct? She said that she is "illegal" but how is she illegal if she was processed at the immigration station?
Then the second question is if UCSIS will look at me more harshly since I have already sponsored one immigrant (my ex-wife). Although I have strong feelings for her, even in a normal situation, I wouldn't marry her quickly. I also would do nothing to put her or myself at risk. If that were the case, I wouldn't marry her at all. The fact is that I do not want to continue falling for her if this becomes an impossible process. The overall question is if there is a path forward for us to be married without her having to return to her home country? I am almost to the point of ending it with her, if there is no path forward for either of us, just to save a lot of time and emotional heartbreak. However, if there is a path forward, I would like nothing more than to continue with her.
Can someone help me with this? I am utterly confused because I know very little about how asylum works, especially if potential marriage to a US citizen is involved. And will UCSIS look at me with more scrutiny after having sponsored one immigrant through marriage?
Thank you so much.