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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default Immigrant is Getting Divorced After One Year, and Wants to Stay in the U.S.

    My friend married an Australian lady in her late 40's with two children who came to TN in Dec 2008. They married in March 2009. Her son was 18 when they came and her daughter just turned 16. She did enter the marriage in good faith and they took the time and money to do everything legally.

    Later he found out she was basically on the Australian version of welfare and started to wonder if he was being used because she'd already lost the income for her son and would shortly lose the income for her daughter and would have to get work. The Australian version of the career path folks were on her about getting back into the work force before she came here. He wants a divorce because she basically doesn't do what she should. No house work, no job, addicted to video games, that sort of thing.

    She believes that she can stay here after only being married to my friend for a year and a month without too many problems and expects the process to be concluded by June of this year. I know that everyone has green cards at this point because the lady and her son both have been looking for work and he was hired and she has not been hired.

    Is it possible for her to be able to apply for the Form I-751 and actually get it with no case for abuse? Does it make a difference that she doesn't have a job?

    If she tries to claim abuse, will she have to produce character witnesses? And if so, will we be interviewed for such a proceeding if she puts down names of those of us that know them?

    If she does end up getting deported, will her 18 year old son be deported with her because he was an adult when he immigrated and applied?

    Thank you in advance for your time.

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

    Default Re: Immigrant is Getting Divorced After One Year, and Wants to Stay in the U.S.

    If he wants a divorce, he is free to file for divorce.

    I have no idea what she intends to claim to try to preserve her status after divorce. If she tries to claim abuse, the USCIS will investigate her claim. Obviously, again, we have no way of knowing what she will claim or how she would attempt to prove it.

    We have no way of knowing whether her son will find a way to maintain his status either through her, or by continuing under a nonimmigrant visa such as a F1.

    If psychics existed, I would suggest consulting one.

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