Questions about divorce, kids and child support

[Proserpina]

What is a B2 visa?

Okay, let's take a deep breath

First. The B2 visa is a visitor's visa. She cannot work while on a B2, but it would give her permission to stay in the US for an extended period (usually between 6 months and a year, but can be extended after that time). Please bear in mind that a B2 visa requires the applicant to prove solid ties to her home country; it's NOT intended to be an immigrant visa although she can adjust her status once she gets here should you get married. And I'll be honest - foreign nationals from some countries will be considered "suspicious" just by virtue of their nationality. Some Eastern European countries fall into this category. This does reduce the chance of a B2 visa being approved unless she can, again, prove considerable ties to Ukraine.

Second, you can of course leave the US and emigrate elsewhere for whatever reason (or no reason whatsoever!). However if you have married and divorced her in the US, and she has already obtained a judgment, she can pursue that judgment even in Ukraine (though how successful she might be is questionable - I'm thinking "not so much").

If you leave and she chooses to stay here, she'll be able to do so provided her AOS (adjustment of status) has been adjudicated. If you leave before that happens she will run into problems.

 

[kyky]

Okay, let's take a deep breath

*cough* *cough* *cough* *cough* *cough* Hairball...

First. The B2 visa is a visitor's visa. She cannot work while on a B2, but it would give her permission to stay in the US for an extended period (usually between 6 months and a year, but can be extended after that time). Please bear in mind that a B2 visa requires the applicant to prove solid ties to her home country; it's NOT intended to be an immigrant visa although she can adjust her status once she gets here should you get married. And I'll be honest - foreign nationals from some countries will be considered "suspicious" just by virtue of their nationality. Some Eastern European countries fall into this category. This does reduce the chance of a B2 visa being approved unless she can, again, prove considerable ties to Ukraine.

That last part is vague. What would that constitute? She's a single woman living with her mother and her mom owns an apartment. She has a grandma in the country who owns her own house and some small plot of land. That's about it.

Second, you can of course leave the US and emigrate elsewhere for whatever reason (or no reason whatsoever!). However if you have married and divorced her in the US, and she has already obtained a judgment, she can pursue that judgment even in Ukraine (though how successful she might be is questionable - I'm thinking "not so much").

What if I divorce her in Ukraine?

If you leave and she chooses to stay here, she'll be able to do so provided her AOS (adjustment of status) has been adjudicated. If you leave before that happens she will run into problems.

Gotcha.

If you know anything about Patent law, could you please look into my issue in the Patents forum?

 

[Proserpina]

*cough* *cough* *cough* *cough* *cough* Hairball...

There we go

That last part is vague. What would that constitute? She's a single woman living with her mother and her mom owns an apartment. She has a grandma in the country who owns her own house and some small plot of land. That's about it.

A job, a house, a lease, proof of strong local ties.

If she's not working and living with Mom? That's not likely to pass muster.

What if I divorce her in Ukraine?

That all depends on Ukrainian law. But if you're there and she's here, the US courts will likely be involved at some point.

Attorneys would be your biggest friends.

Gotcha.

If you know anything about Patent law, could you please look into my issue in the Patents forum?

That's completely out of my experience - sorry!

However, in summary - I'd strongly advise you to proceed with caution. What I'm getting is that she has no strong ties to Ukraine, and you're unsure of what the future holds.

That tells me that right now might be a good time to forget the K1 petition - at least in the short term.

 

[kyky]

A job, a house, a lease, proof of strong local ties.

If she's not working and living with Mom? That's not likely to pass muster.

She has a job and wants to get a second one. But these are sales clerk jobs, not exactly something that someone desperately hangs on to.

That all depends on Ukrainian law. But if you're there and she's here, the US courts will likely be involved at some point.

Attorneys would be your biggest friends.

What do you mean? Kinda tired, common sense systems failing...

However, in summary - I'd strongly advise you to proceed with caution. What I'm getting is that she has no strong ties to Ukraine, and you're unsure of what the future holds.

That tells me that right now might be a good time to forget the K1 petition - at least in the short term.

I'll have to make a call one way or another.

Thanks for your help. I'll have more questions tomorrow most likely.