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Akito

L-2 VISA Divorce

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Hello.

 

I have a question regarding a situation that I am going through.

However before all this, I would like to say that moral is not part of the question.

 

I am currently dating someone who is on a L-2 Visa.

I am a citizen of the United States, and am hoping to get married to her.

There has been domestic violence in her household, and she has been told by her husband that she should no longer expect anything from him. (Love, support, etc)

Now, with that said...

 

Is it possible for her to get a divorce, and get married (I am in a state with 0days waiting period for remarriage) shortly after her divorce?

It would be a legitimate marriage, and we would have proof that we are a happy couple.

I understand that she would lose her L-2 Visa status, and at that point she would be in the states illegally. 

 

With how immigration is now, is it possible for me have her apply for a fiancee visa?

I have searched online for an answer, but because this case is not as common, I figured I can ask this community.

 

Any help would be appreciated.

 

Thank you!

 

Akito

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Hello again, and thank you to the person who helped me with my other question.

 

I am currently dating someone who will need AOS/i-485 after I get married.

She is currently... already married, and yes, I understand that this is morally wrong.

Let's all put that aside for now please.

 

My question is, would the AOS or i-485 be any different if she were pregnant with my child?

She is not pregnant, however if for any reason she does become pregnant...

I'm pretty sure she would file her divorce with her current husband, and would everything be the same from there?

 

If I also may ask another question...

Would the AOS/i-485 process be faster if we lived in the same household?

We currently live in two separate houses. (She currently lives with her husband).

Is it harder to prove that our relationship is bona fide if we lived in separate houses?

 

Thank you so much for reading through this.

 

Any answers would be appreciated.

 

Thank you.

 

Akito

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27 minutes ago, Akito said:

My question is, would the AOS or i-485 be any different if she were pregnant with my child?

She is not pregnant, however if for any reason she does become pregnant...

I'm pretty sure she would file her divorce with her current husband, and would everything be the same from there?

Pregnancy won't affect the AOS process. Pregnancy (followed by a subsequent birth) only shows that the reproductive organs are working.

 

27 minutes ago, Akito said:

If I also may ask another question...

Would the AOS/i-485 process be faster if we lived in the same household?

We currently live in two separate houses. (She currently lives with her husband).

Is it harder to prove that our relationship is bona fide if we lived in separate houses?

Living together is good evidence of a bona fide marriage and something they will look at. It does nto guarentee anything and does not speed up the process.

 

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15 minutes ago, NikLR said:

Edit.  Noticed other thread.  Asked for merger.

NikLR:

Thank you for your reply.

 

Sorry I am still new to this website, and am trying to figure it out.

Is your reply going to be sent to the other one?

 

Thank you.

 

Geowrian,

 

Thank you for your reply. 

I see... Pregnancy doesn't really do anything but prove that the reproductive systems are working...

Heheh. Thanks. I needed that laugh today.

 

4 minutes ago, geowrian said:

Living together is good evidence of a bona fide marriage and something they will look at. It does nto guarentee anything and does not speed up the process.

I understand. I will notify my girlfriend regarding this.

 

Thank you Geowrian : )

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Questions: Is she from another country and how did she manage to come to the US? Why hasn't she obtained a green card from her current spouse? Pregnancy is neither a plus nor a minus in this situation but it could look like she is shopping for a green card based on the answers to the previous questions. 

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18 minutes ago, belinda63 said:

Questions: Is she from another country and how did she manage to come to the US? Why hasn't she obtained a green card from her current spouse?

Hello Belinda63.

Thank you for your reply.

She is from Japan. (I am also from Japan) She came in with a L-2 visa through her current spouce.

 

She has yet to apply with her spouce, but at ealiest she can apply in January2018.

 

23 minutes ago, belinda63 said:

but it could look like she is shopping for a green card

Yes... I thought of this as well. However we talked about it multiple times.. and all she has to do is stay with her current spouse to obtain a green card through his company.

 

I know things like this comes up, but I believe her.

 

Thank you Belinda63 : )

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Hello.

Thank you all for being so helpful, and apologies... I have more questions.

 

I was talking to my girlfriend about this, and something came up.

Because she is on a L-2 VISA, would her divorce with her current spouse revoke her VISA, sending her back to Japan?

 

I understand I can do the AoS, but is it going to be....

File a divorce, 5 minutes later get married? (I'm in a state 0 day waiting period)

If that is okay, would she be able to stay in the US? Would she still be able to work?

If not, and she is sent back to Japan, would it be easier if I filed a K-1 VISA with her?

 

Also, at this point with the questions that I have... would it be a good idea to higher a lawyer?

I have read through the documents, so I understand the procedure. However, I feel that this is an odd case.

 

Thank you

 

Akito

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Hello everyone.

 

I am currently dating someone who is married. (Yes I understand that this is wrong. But please just go with it for now)

 

She(L2Visa) and her husband(L1) are both Japanese. Things aren't going so well between them so they are looking to get a divorce.

 

My question is, would it be possible for them to get a divorce in Japan, (through a Japanese Embassy in the US) and have it be recognized in the United States? They are both in the US.

 

Thank you in advance.

 

Akito

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2 hours ago, Akito said:

Hello everyone.

 

I am currently dating someone who is married. (Yes I understand that this is wrong. But please just go with it for now)

She(L2Visa) and her husband(L1) are both Japanese. Things aren't going so well between them so they are looking to get a divorce.

My question is, would it be possible for them to get a divorce in Japan, (through a Japanese Embassy in the US) and have it be recognized in the United States? They are both in the US.

Thank you in advance.

Akito

So if they are already in the USA they can get a divorce in the state they are in with no issues.

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