spouse changing mind how can she stay

[kentwhowardjr 0]

I have a friends that filed and are waiting for interview. The issues is now that the husband is changing his mind and is saying he doesn't want to do the interview and may not even show up.  He is upset that his wife has been offered jobs that will carry them out of state and will also create a better life for them both. What should she do she and talked and talked but he doesn't want to stay married can she still get her green card if he divorces her? Her 4 year old daughter is a us born and she doesn't want her to lose everything because she cannot stay. is there any way for her to complete the process without the husband if he decides to divorce her. Please is there anything that can be done we hope someone is reading and knows for sure.

Edited October 16, 2017 by kentwhowardjr

[Redheadguy03 505]

We need more information. Is she filing for adjustment of status or what? Is she overseas now or in the states? 

 

If she is doing the adjustment of status from a k1 visa she has to have her husband to sponsor her. 

[kentwhowardjr 0]

She is here in the states 1year now its a B1/B2 visa

[kentwhowardjr 0]

When she started the process the process they cancel her visa and her husband knows it.

[Redheadguy03 505]

15 minutes ago, kentwhowardjr said:

When she started the process the process they cancel her visa and her husband knows it.

They canceled her b1 visa? Without the spouse you might be out of luck. Hopefully, someone with more experience with b1 visas will chime in. 

[Unlockable 7,315]

So she is adjusting status from a B2? If so, she may not have a choice but to return to her country. She can ONLY gain status through a US citizen spouse.

 

Can she work things out?

[kentwhowardjr 0]

He has been talking to people and he says he will stay married if she pays his mom $13,000 the he will stay married and do the interview she thinks he started seeing someone else. since she left to work and wants him to come where she is.

[aleful 1,905]

nope

 

this is a spousal  petition she needs her husband to file for her, she will need to return to her country

[kentwhowardjr 0]

can she re-marry and restart the process without penalties?

[JFH 12,190]

26 minutes ago, kentwhowardjr said:

can she re-marry and restart the process without penalties?

Why would she want to do that? Is she already seeing someone else? 

[JFH 12,190]

*~*~*moved from "K-3 spouse visa process and procedures" to "AOS from work/study/tourist visas"*~*~*

[Unlockable 7,315]

31 minutes ago, kentwhowardjr said:

can she re-marry and restart the process without penalties?

You mean like find another husband in the US real quick so she can stay? If that is the case her history will come up. This is the very reason they do interviews. To catch marriages that are shams.

 

Now if she were to cut here losses and return home, regather herself, and eventually find someone else who loves her and if that person happens to be a US citizen then she shouldn't have a problem filing a new petition.

 

Finding someone to marry just to stay is not a good plan. Her current case is already in the system so they know she has a US husband. Quite honestly she is fighting an uphill battle. Sometimes these things happen and it is best to just cut your losses.

Edited October 16, 2017 by NuestraUnion

[geowrian 22,337]

AOS from a B1/B2 will have an interview. If he won't attend, then it's pretty much guaranteed the case will be denied. Upon denial, she will have no legal status in the US, and it's possible they will issue a Notice To Appear (NTA).

 

This filing remains in her history, so just staying in the US until she marries somebody else will jump out as a big red flag of marriage fraud in the future. Returning to her home country and, if she eventually meets somebody new, would be viewed more favorably IMO.

 

Depending on numerous circumstances, upon exit she could receive a 3 or 10 year bar on a future visa for overstaying by at least 180 days. The 180 days is after the I-94 expired and does not include time while AOS was filed. If she has and uses/used AP at some point, then the time would only start to accrue after AOS is denied.

 

17 hours ago, kentwhowardjr said:

He has been talking to people and he says he will stay married if she pays his mom $13,000 the he will stay married and do the interview she thinks he started seeing someone else. since she left to work and wants him to come where she is.

Why would she want to stay with a guy that is trying to extort money from her? Cut the losses...this is not a good place to be.

[Jeanne Adil 1,651]

She left him / he is probably feeling used just to get a visa / he may only want back the money he spent on the immigration process 

 

[kentwhowardjr 0]

she did not leave him she has been offered a really good job but he doesn't want to move also she just found out he has a girlfriend. He is working but not making as much as he would if he moved with her. The thinking is that he doesn't want to move away from whatever it is he is doing.