Korn0022

Why the hell would his attorney offer her advice on what to do? Why would his attorney offer to help get her money from her husband?

Your girlfriend needs to get a lawyer. She does not want to be tricked into admitting that she committed immigration fraud.

I will seek for the Immigration lawyer for her now. That is what I also think that she need now.

An attorney who refers to "INS" inspires confidence.

It is the husband version that tell to the court. She didnt attend the first court but her attorney did for her.

My girlfriend is on process to divorce to her ex-husband, both fill the divorce complaint and her ex-husband going to talk to immigration to get her deport out of US by January 2017.

We recieve this note from her attorney that went to court for her, please suggest us what to do. Or anything that I could help her as a US Citizen.

This is the note from attorney:

It appears husband is very upset with the wife and has called immigration on her to get her deported. His version of the events which led her to leaving the house obviously are quite different. He says that as soon as she got completed the INS interview, it was always her intention to leave basically claiming the whole marriage was a fraud on her part.

I understand that Wife's version is different( the wife version is her-exhusband is not taking a good care of her and her daughter as he said he would become more selfish and even more ###... lately, her daughter that come along with her in K-2 visa. He let her daughter sleep in his restaurant where the public can see. So she ran away to live with her cousin) . However being that it's going to be a he said she said situation, there now is a 50-50 shot that she will get money for support because they may find her to be responsible for leaving, without justification.

The only way to avoid this is to file for APL. This is a form of pre-divorce alimony. The only problem with this is that The divorce complaint has to be active. The divorce complaint was brought down from Cameron county and is now sitting in Philadelphia waiting for her husband to pay $330 filing fee. Has been said that he has no intention on paying it and that they do voice can sit and wait because she would be deported.

If wife is interested in getting this money, APL, then she would have to file the $330 filing fee and then the petition for APL. Once the petition is filed, it makes no difference who is at fault for the ending of the marriage. This way the argument that wife is not entitled is a relevant.

I want you to understand what was going on before I speak to you. I'm sure you have questions. Please think about what was said and let me know what you wish to do.

Please call me Monday if you can and I can discuss everything in much more detail.

There is another court date I need to look up the date but wife will be required to appear for that hearing, I believe it is in January. An interpreter was ordered.

Please help us out.

Sincerely Thank you

Sorry, for clarification, if her removal of conditions is denied. By failed, I meant to say denied.

So u meant that if she fail to removal her condition, I can marry and file for her?

If she fails to remove the condition and her LPR status ends, you can marry and file for her.

What is LPR mean tho, also is that mean she have to go back to her country first or I can do after her divorce has been finalized.

I would think they will look at things like how long the marriage lasted, the grounds for divorce, if he was violent (not just a horrible person) and what her situation would be if she was to be deported.

So has the divorced been finalised?

The divorce havent been finalized, she has her daughter with her, and the guy is not taking a good care of her can her daughter. I don't really know if there is a violent cuz She is super stress right now so I dont wanna ask her much of the question.

On my side I would like to do anything to keep her and her daughter here. Or if she really get deport, would i be able go marry her and brig her back here?

Are you a US citizen?

Yes Im a US Citizen.

She can lift conditions on her green card with a divorce waiver.

The I-864 obligations ends only under certain conditions. You can find these conditions in the I-864 instructions. Losing a green card is one of them. If she fails to lift the condition and her status expires, then the I-864 obligations ends. If she lifts the conditions, then the I-864 obligations continues.

Did you know your girlfriend before she left for the US?

Is she planning on marrying you and petitioning you?

She still here in US, but I heard that her ex-husband was talking to immigration to have her remove by January 2017. If the worst case happen I would like to know if I can marry her so sha can stay here with me?

I think there are certain conditions as to file this normally you need the two people in the relationship but she can apply for a waiver.

It looks like she will have to prove that the relationship was genuine and also prove that to deport her would be of hardship to your girlfriend.

How long has she been married for?

The process also depends on whether the divorce has gone through before she applies or after.

If i was her i would definitely seek a lawyers advice that has dealt with this before and has a high success rate.

I am also curious as to how it works with the affidavit of support now you have mentioned this... Does the Affidavit only stand until the beneficiary has the conditional green card?

The married was less than 2 years, first off she ran away from him becauce the guy is so horrible. She move down to live with her cousin before we met. Also this divorce was happen after she got a conditional resident (2 yrs GC)

Her ex cannot have her removed. Yes, she can file for ROC on her own once the divorce is final. She will need proof that the marriage was entered into in good faith. Read through the I-751 instructions, and you can also search here on VJ for topics about filing ROC with a divorce waiver.

If she wants to, she can seek help from an experienced immigration attorney.

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits ~

So there is no way they will take her green card back, and after divorce she can file an I-751 form to removed conditional, is it a necessary to seek for an immigration attorney?

My girlfriend, she on divorce process with her ex-husband while she just received her conditional resident(2 yrs green card.). I heard that her ex-husband want her to be remove by January 2017.

I did some research, they said she would be able to file I-751 by herself but what happen if they sent her to removal process.

I would like to know what will happen to her, would she really going to get remove from us, or anything that I could help her with my u.s. citizenship?

Also what kind of lawyer that I have to look for now and after please help me and my girlfriend out

Thank you.