Abandoned Husband, Is 10 year green card still possible?

[PR24]

What is the name of your state? CA

Hi! I have a friend who is in need of desperate help. To make a long story short, she entered this country on a visiting visa with the intent to get to know the man she was arranged to be married to. Her visa expired before they got married but she was still able to get her 2 year visa. Now her visa is about to expire and she has a interview with the IRS to determine if she would be eligigible for a 10 year green card. The problem is that her and her husband has been married for two years and they feel that it was the biggest mistake of their lives. They both have been seperated and seeing other people but wanted to stay together until she can get her 10 year green card. They have all the paper work to prove that they were legitimately married such as bank statements, car insurance, apartment lease, medical insurance, etc. Now her husband sold everything and moved back to his country of origin. By the way he is a legal US Citizen. He has made it clear that he will not return to the US and that he has a new wife back in his country. Now my poor friend has no idea what to do. She does not want to be deported back. Her new fiance has agreed to marry her if he could. What can my friend do about her unique situation? Any help would be greatly appreciated. I was thinking about telling her to get a divorce on the grounds that he abandoned her and maybe she can still get her green card without him since they were really married for 2 years. But I'm no expert.

 

[phwl]

Not going to work.
She must still be married to the same person who petitioned her originally. That is the reason for the 2 year conditional residency (to establish whether marriages are bona-fide) If that person went back to his country and states that he will not return, there is no chance of her getting the lawful permanent residency at that interview.
1. Her only hope would be to marry someone else while she is still here, and have him submit a whole new set of papers (but she must get a divorce from #1 first and get proof of that)
2. Or, stay here illegally and risk removal at any time.

 

[PR24]

I was afraid of that. How can she get a divorce if he abandoned her and she has no way of finding out where he is? Her interview is coming up in October. Her husband emptied out their bank accounts and sold everything while she was away for a month. Is there anyway to get a divorce without him for an instance of abandonement? If so how long would this take?

 

[ImmigAttyLana]

You need to contact a divorce attorney in your state for an answer to this question. YOu may find many such attorneys offering initial free consultations, but since divorce laws vary from state to state, it is best to consult with a practitioner who specializes in this area of law in your geographical area.

 

[PR24]

Thanks for the advice.

 

[phwl]

Yes, divorce laws differ from state to state, so you should have her contact a divorce lawyer. In some states, a person can have a non-contested divorce and in others, not.
Don't forget though, that if she runs to get a divorce and remarries with the intent to gain lawful permanent residency, that is not the right thing to do.
(I know Lana has her legal/moral eyeball looking through the crystal ball)

 

[PR24]

I understand. But the marriage was never going to last anyway. They both did not want to marry but was forced too. It was an arranged marriage. She did not get married to her husband just to come to the US. But she has found someone new and they both love each other. What else can you do? Sorry for the sob story but it is what it is.