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Izzi Okerlund

Girlriend is here on B1/B2 visa and needs to get a divorce

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Hi everyone, 

 

So I met a girl and we instantly fell in love, the problem is she is going through a divorce with her husband and she is here on a B1/B2 visa. My main questions was, is there any way for her to stay in the country if she was to get a divorce from him finalized?

 

I have heard that she could get a divorce from him, then remarry me but that would cause them to think of it more as fraud but is it still possible to do that? What are the ways for her to stay here even if she does divorce, or how does she need to prove certain things so that she can self-petition?

 

She is from Ukraine as well and really doesn't want to have to go home and lose her current job so if there is any help, i really appreciate it!

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Well... if she stays, she will likely overstay her visa which means she can’t have legal status until she divorces them marries you (btw, you ARE a US citizen, right?)

 

The problem with that is that it may be a very very long time before she becomes a permanent resident. All the while she will be here with no ability to legally work nor would she be able to travel out of the US because doing so would lead to a ban because she overstayed her tourist visa. 

 

And if you are thinking it, no you can’t marry her before she gets a divorce. 

 

So so you are looking a possibly several months for her to complete the divorce, then you would have to marry, only then can you file for adjustment of status for her. 

 

The best east course of action is to NOT overstay her visit visa and return. That way she can wrap up things in her home country and still be able to visit you until she is free to marry.


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long story short... she needs to divorce. go back to her country.

 

then you can petition her. assuming of course you are a USC


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8 minutes ago, Izzi Okerlund said:

Hi everyone, 

 

So I met a girl and we instantly fell in love, the problem is she is going through a divorce with her husband and she is here on a B1/B2 visa. My main questions was, is there any way for her to stay in the country if she was to get a divorce from him finalized?

 

I have heard that she could get a divorce from him, then remarry me but that would cause them to think of it more as fraud but is it still possible to do that? What are the ways for her to stay here even if she does divorce, or how does she need to prove certain things so that she can self-petition?

 

She is from Ukraine as well and really doesn't want to have to go home and lose her current job so if there is any help, i really appreciate it!

There is no "self-petition" for non-immigrants seeking permanent residency. It is either through family (which includes spouses) or employment. You cannot do anything until her divorce is finalized. Her divorce papers need to be included in her application.

 

Best course of action is for her to go home before her current I-94 expires, finalize her divorce. Meanwhile you can develop your relationship with her and take some time to REALLY decide if marriage PLUS the immigration process is best for you. Sorry but since the immigration process is involved, you need to take extra caution when approaching the relationship since it sounds like you JUST met her and she is here on a tourist visa. It looks a certain way.

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Thank you for all the help everyone. So yes, I am a US citizen and we have actually been together for awhile her husband has just recently decided he no longer wants to be in the marriage and wants to get a divorce before her paperwork has completed.

 

Both of us are ok having the process extend the time limit as long as it allows her to stay in the US. We are also fine waiting for the divorce to finalize before her and I do anything from our side but the question is, is that even possible to remarry immediately and not have the government say that both marriage were fraudulent? We are ok fighting it and going through that if its atleast possible.

 

Thank you again!

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11 minutes ago, NuestraUnion said:

Well... if she stays, she will likely overstay her visa which means she can’t have legal status until she divorces them marries you (btw, you ARE a US citizen, right?)

 

The problem with that is that it may be a very very long time before she becomes a permanent resident. All the while she will be here with no ability to legally work nor would she be able to travel out of the US because doing so would lead to a ban because she overstayed her tourist visa. 

 

And if you are thinking it, no you can’t marry her before she gets a divorce. 

 

So so you are looking a possibly several months for her to complete the divorce, then you would have to marry, only then can you file for adjustment of status for her. 

 

The best east course of action is to NOT overstay her visit visa and return. That way she can wrap up things in her home country and still be able to visit you until she is free to marry.

So yes, I am a US citizen. We are actually ok taking the longer time period of waiting for the divorce to finalize if it means she can legally stay here. But if I am reading correctly, that is atleast an option is that correct? We don't mind waiting as long as it takes if it means she doesn't have to go home to Ukraine.

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Just now, Izzi Okerlund said:

 is that even possible to remarry immediately and not have the government say that both marriage were fraudulent? We are ok fighting it and going through that if its atleast possible.

 

Thank you again!

 As long as her divorce is finalized, she is free to marry whoever she wants whenever she wants. Legally speaking, it's perfectly fine for someone to get married shortly after a divorce. But how will the consulate interpret that? It is impossible to say exactly. Cases with divorces and past marriages involve a certain amount of higher scrutiny by default so you should expect that. If time isn't too much of a concern, I would suggest just not getting married right away and putting some distance between the divorce and your marriage. It would only help your case. Also, keep evidence of your time together (photos, receipts etc).

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33 minutes ago, Izzi Okerlund said:

She is from Ukraine as well and really doesn't want to have to go home and lose her current job so if there is any help, i really appreciate it!

She is here on a tourist visa and working???? That is a big no no to say the least. She is kn a tourist visa and can not file for a divorce. So she will need to go back, get a divorce, and then you can file for her. 

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2 minutes ago, Izzi Okerlund said:

So yes, I am a US citizen. We are actually ok taking the longer time period of waiting for the divorce to finalize if it means she can legally stay here. But if I am reading correctly, that is atleast an option is that correct? We don't mind waiting as long as it takes if it means she doesn't have to go home to Ukraine.

Well she CAN stay but then she will be overstaying after her I-94 expires and she will not here legally and at risk of deportation. The only way she would be here legally after that point is for her to marry you and file green card papers. However she is not even free to marry you sooo...you see where we are going with this. She needs to go home.

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Just now, Cyberfx1024 said:

She is here on a tourist visa and working???? That is a big no no to say the least. She is kn a tourist visa and can not file for a divorce. So she will need to go back, get a divorce, and then you can file for her. 

So she started the process for the adjustment of status and filled for the I-765 which allows her to work and travel so that is why she is able to work right now.

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3 minutes ago, mushroomspore said:

Well she CAN stay but then she will be overstaying after her I-94 expires and she will not here legally and at risk of deportation. The only way she would be here legally after that point is for her to marry you and file green card papers. However she is not even free to marry you sooo...you see where we are going with this. She needs to go home.

But as you said earlier, if she finalizes the divorce and then immediately remarries, she should be able to stay here and start the paperwork all over again, it just might look more suspicious but legally it is possible.

 

I do appreciate the help and I'm not just trying to 'argue' back, I'm just trying to look at all of our options is all thank you!

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5 minutes ago, Izzi Okerlund said:

So she started the process for the adjustment of status and filled for the I-765 which allows her to work and travel so that is why she is able to work right now.

How did she start the process if she is not married to you?

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Just now, mushroomspore said:

How did she start the process if she is not married to you?

Well she is already married to someone, so she started the process with him but they had big issues so they decided to live apart. She then met me and we have been together for awhile and they now want to get a divorce but once she gets a divorce, it will end her petition which is allowing her to stay here and then she would have to go back home.

 

So the question was, if she does finalize the divorce, could her and I get remarried right after that and then start the process again but from the beginning which would allow her to stay here atleast?

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5 minutes ago, Izzi Okerlund said:

But as you said earlier, if she finalizes the divorce and then immediately remarries, she should be able to stay here and start the paperwork all over again, it just might look more suspicious but legally it is possible.

 

I do appreciate the help and I'm not just trying to 'argue' back, I'm just trying to look at all of our options is all thank you!

It is a matter of timing. Since you don't know how long it may take for her divorce to be finalized, she will become illegal after her I-94 expires. During this time, she is at risk of deportation. 

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1 minute ago, mushroomspore said:

It is a matter of timing. Since you don't know how long it may take for her divorce to be finalized, she will become illegal after her I-94 expires. During this time, she is at risk of deportation. 

From what I understand, her tourist visa has already expired but it specifically states in the adjustment for status that as long as the petition is going, then it extends her stay. That is why she knows the moment the divorce is finalized, her extension is over unless she immediately remarries and start the petition again from the beginning, or at least that is our hope.

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