Staying in the USA

[aokun]

California, USA -

I am seeing a woman who happens to be married. The couple is from Hungary but got married here in the USA. She wants out and then wants to marry with myself. She is not a citizen, her temp green card runs out in November 2007. She is afraid if she divorces him that she may be kicked out of the country. We are crazy in love with each other and want to get married if she gets a divorce. Does this sound legally possibly to happen from right now until November? In November she will be applying for and probably getting a permanent green card. Is it best for us to wait until after she gets her permanent green card before we start this process?

Any help would be appreciated. She is a dental assistant and I am a computer tech, so we both have no knowledge of the laws.

Sincerely,
Andy Okun

 

[SHORTY LONG]

California, USA -

I am seeing a woman who happens to be married. The couple is from Hungary but got married here in the USA. She wants out and then wants to marry with myself. She is not a citizen, her temp green card runs out in November 2007. She is afraid if she divorces him that she may be kicked out of the country. We are crazy in love with each other and want to get married if she gets a divorce. Does this sound legally possibly to happen from right now until November? In November she will be applying for and probably getting a permanent green card. Is it best for us to wait until after she gets her permanent green card before we start this process?

Any help would be appreciated. She is a dental assistant and I am a computer tech, so we both have no knowledge of the laws.

Sincerely,
Andy Okun

Yes it is legally impossible to happen from right now until November.

How long has the couple been married?

Spend some-time at this site: http://www.uscis.gov/portal/site/uscis

 

[ImmigAttyLana]

It depends on whether or not she plans to file for the removal of her conditional status with her current husband, if the marriage is still bona fide. Also, in what status did she originally enter the US?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[aokun]

Status

California -

Thanks for your reply,
She entered the US by herself with a green card to work. She met her husband here in the states.

I need to talk with her more about this after work today and get the exact answers to the questions. I'll get back to you soon.

Thanks again for the quick reply!

Sincerely,
Andy Okun

 

[aokun]

California -

The couple has been married for close to 3 years. It sure sounds like we will need to wait until she gets a permanent green card, which is ok, we don't mind waiting, as frustrating as it is at times!!

Thanks for the link!!

Sincerely,
Andy Okun

 

[ImmigAttyLana]

If she got a green card on the basis of employment, it would not be conditional. Either you have the facts incorrect or you are not using the terminology correctly. If she entered the US on the basis of employment, then her marriage is irrelevant for purposes of her immigration status. Please clarify.