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wife in USA of a citizen under visit visa

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Hi, This is in connection to a spouse (wife) in USA who has been cheated and married in 2011. Her husband got his nationality through marrying a black lady and has a son with her who is 10 years old. He is divorced with her since 2010 but has not stopped the physical or other contact with her. He also keeps contact with various women and is not loyal to her wife. The current wife and her family were not informed about his marriage or son. The current wife is in USA with her husband on a visit visa and is visiting for the 4th time but the husband is not applying for her green card papers. She has an american son with the husband as well. Can she get to the law and get her green card through the law as she is a pakistani and going back to pakistan keeping the situation of pakistan in mind is just going to make her life miserable. secondly, the kids future will be affected if she takes him back to pakistan. The husband does not care for her or the child they are just living with him and eating from whatever comes in the house apart from that nothing is given to them. The current wife is a degree holder and can work and remain in USA without being a burden to the economy. She is a computer information systems degree holder and has worked in a multinational firm for almost 10 years in the field of logistics and supply chain. Thanks for giving a detailed reply and advice on how we can proceed to get her the green card in USA. What will be the lawyer fees in this case and how can she pay it as she is not working as of now because of no work visa status here in USA

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~~Moved to What Visa Do I Need, from IR1/CR1 Process and Procedures. - The USC spouse has not filed for anything and the OP is looking for options.~~


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Her son can petition her when he is 21.

In the meantime perhaps a work visa, her current employer her could transfer her?

Should have added the big advantage of a work visa is that the Employer will pick up the costs.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Generally speaking none of that is needed to get a divorce. Divorce Law varies by State but most if not all States just require irrevocable breakdown.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The most complicated things about Divorce is usually the involvement of children. Now assuming the child is with her in the US, I would expect that any US Court would be reluctant to grant dispensation for the child to leave its jurisdiction. Of course she has only a limited time before she has to leave.

Certainly she needs good advise, assuming the child is in the US she has a mountain ahead of her.

Bu this is am immigration forum, like I said divorce laws vary by State, Immigration law is federal and easier to comment on.

At least she has the option through work, most people do not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is nothing she can do to force the spouse to file for her green card. She can wait until the child is 21 and have him petition her or some work visas allow a path to a green card. Or she can become an investor and obtain a green card.

Just because her spouse is not loyal and cheats on her she cannot get a green card.

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As there is an issue with Lawyer fees we can safely exclude an investment visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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EB5

Through one of the schemes, $500k minimum plus fees.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Although there is a bill pending in Congress which raises the minimum investment to $800k.


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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Ask her to return Pakistan and don't be greedy for US Green Card still she can work and support her kid in Pakistan and get marry with Nice Pakistani men who truly loves her being a person......

This is the problem with Pakistani peoples they get or prefare marriages in US, UK and European countries without any background checks of persons.....

She is on visit visa cannot do anything just contact with immigration lawyer to find a solution

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Sounds like she married a Pakistani man.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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