1 year marriage to alcoholic.

[Nancy63 0]

Hello, my wife's friend is a foreigner she married a citizen but he's an alcoholic and she can't take the verba abuse anymore she's back in her country and July would have been their first wedding anniversary. if she divorce him can she still apply for residency? No adjustment of status nothing was ever applied. Please help!!

[KayDeeCee 4,891]

~ Moved from What Visa Do I Need to Effects of Major Family Changes on Immigration Benefits | Duplicate topic from another forum removed ~

Edited May 31, 2014 by KayDeeCee

[Golden Gate 530]

Hello, my wife's friend is a foreigner she married a citizen but he's an alcoholic and she can't take the verba abuse anymore she's back in her country and July would have been their first wedding anniversary. if she divorce him can she still apply for residency? No adjustment of status nothing was ever applied. Please help!!

Someone can correct me if I am wrong, but she had to adjust her status once she was married, because she came on a K1 visa, which expired once her 90 days were up. She no longer has a visa to arrive back in the U.S.

[Nancy63 0]

No they got married in her country and he moved with her but became abusive and went back home. Can she still apply for residency?

[KayDeeCee 4,891]

If she came and married on a K-1 and then went back to her country before applying for AOS, then she cannot apply for residency. When she left the US, she was no longer eligible to file for AOS. AOS must be done from within the US. Also, if she had stayed in the US and divorced, she still could not have filed for AOS if her ex-husband was not willing to supply an I-864 for her.

EDIT> Just saw the reply from OP. I am still unclear on who is who and how they married, when and how they were in the US. Can you explain more please?

Edited May 31, 2014 by KayDeeCee

[Nancy63 0]

Sorry they got married in the US and he mvoed with her oversees.

[Golden Gate 530]

No they got married in her country and he moved with her but became abusive and went back home. Can she still apply for residency?

So she has never lived in the U.S.? If that is the case, he would have to be the one sponsoring her to come to the U.S.

Sorry they got married in the US and he mvoed with her oversees.

Well, this is a bit confusing, because did he file papers for her?

[Golden Gate 530]

If he didn't file papers for her when they got married in the U.S., then he would have to sponsor her as a CR1, in order for her to come back to the U.S.

[Nancy63 0]

if he's not willing then there's nothing she can do?

[Golden Gate 530]

No.

[KayDeeCee 4,891]

If they divorce then she has no means to a visa, or a reason to need one. He would have filed a petition for her to get a spousal visa, if they had a valid marriage and wanted to reside together in the US.

[Cathi 5,610]

She has no reason or means whatsoever to get residency in the US. Out of curiousity what country is she from?

Edited June 1, 2014 by mimolicious

[Ketsuban 1,034]

Your story has changed at least three times so it's difficult to advise. As far as we can see, she has no recourse to living in the US at present unless she has a relative who can petition her or an employer who can sponsor her.

[NikLR 13,220]

No.

[KASH2011 382]

Nope ! no chance!