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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Post Divorce and Remarriage with Pending Adjustment of Status

    I recently met a girl, Marcy, from the Philippines and we have fallen in love. Problem: She is married to a US Citizen. She was married in the Philippines a few months shy of two years ago. The husband went there married her and returned to the US. He finally petitioned her and she came here last month, to my knowledge on a K type visa for spouse. Ok her sister, Emily, here in the US who I am very good friends with had introduced the two a couple years ago before she knew me.

    Marcy is not happy with her husband. He was one way before they got married and is completely not what he appeared to be (not abusive or that stuff as far as I know--just a lazy drunk who does work with decent wage but they live in his mom's house). She doesn't like being married to him and wants out of the marriage--but of course she doesn't want to leave the country. Me I can retire early, as early as in two years from now. I can and am willing to go to the Philippines at that time to be with her if needed, if she had to leave, but of course perfer is she stays here in the US with me if she leaves her husband.

    From what I have read online from different sites I am confused... My questions are:

    a. If she separates from him (our state has a requirement of being separated for 6 months before filing for divorce), can she stay here and for how long?

    b. If she does separate and divorce is final in say 6 or so and then I marry her here in the US--Can she stay then, if question 'a' is no, and for how long? Do and can I petition for her to stay under the "K" type Visa at that point?

    Thanks in advance for anyone's helpful advice here.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce and Remarriage with Pending Adjustment of Status

    With that history it makes sense for her to (a) wait until the conditions are removed form her Green Card before divorcing her husband, or (b) to consult an immigration lawyer.

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