wife in USA of a citizen under visit visa

[Fritzr 3]

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[/size]

If there is any violence in the relationship she can file a greencard petition on that basis. One of the conditions for this self-petition visa is documented domestic violence though. Simply being an abandoned wife is insufficient.

To file for a greencard as an abuse victim use form I-360

Another option that has a larger number of options that allow qualification is the non-immigrant U visa for crime victims (whether legal alien or illegal alien)

For the U visa use form I-918

http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered%20Spouse,%20Children%20&%20Parents/Immigration%20Options%20for%20Victims%20of%20Crimes.pdf

Unfortunately for your friend, US immigration does not consider a failed marriage to be sufficient basis for a green card.

First she should look into filing an I-130. All she needs for this is her husband to sign the forms and enough money for the costs of the process. Aside from asking her husband to sign an occasional document, she can handle the entire process herself. If they are married for at least 2 years at the time the visa is granted, then it will be an IR-1 good for 10 years after entry to US.

Her best bet if her husband wil not cooperate, is to get a divorce, leave US and find work while seeking a new US husband. With her degree and work history, she may be able to move to another country (including US by applying to a company seeking employees overseas) where social conditions will not be as harsh while seeking a new husband.

What she needs to do first before she makes any further plans is to consult a lawyer specializing in US immigration law. She can also contact the National Domestic Violence Hotline to ask for assistance. Locally she should ask at any women's shelters in her area for advice on where to find assistance.

It is possible that she does still have options that are not immediately obvious.

The adventures continue

Fritz

Edited June 8, 2015 by Fritzr

[Boiler 43,401]

Weird

She is here VISITING.

She can just go home if she is that concerned.