fotoobscura@gmail.com (inquiring mind) wrote in message news:<7d43074e.0410061508.1dba88c9@posting.google.com>...
1. Can a woman stay in the US (and for how long) after divorce if her status
depends on her spouse?
2. Can the woman get a work visa immediately after divorce?
3. Can she live separately (and for how long) from her spouse while waiting
for the green card (a joint application, obviously).
Thanks!
There is a good review of this subject, with specific reference to New
York divorce law, at http://www.divorcehq.com/articles/alienfraud.html
Much depends on details of her immigration status, the duration of the
marriage, and other specifics. If the marriage was less than two years
old, she probably would have been admitted as a conditional resident;
this status lasts another two years, after which they would apply to
grant her permanent resident status.
If she's already received unconditional permanent resident status, her
status would survive the divorce, and she'd be allowed to remain,
except maybe in the case of a marriage that's later found to be
fraudulent.
But as a conditional resident, she would have to get a waiver in order
to remain after the divorce: grounds are termination of a good-faith
marriage, extreme hardship if deported, or battered spouse or child.
I believe her conditional residency status would continue so long as
her application was under consideration. The same form, I-751, is used
to apply jointly for permanent residency or to apply for a waiver. You
can see it at http://uscis.gov/graphics/formsfee/forms/files/I-751.pdf
In any event, but most especially if her status is conditional
resident or anything other than permanent resident, she will need to
be represented by a lawyer who is experienced in immigration matters.
On a less serious note, see "Moscow on the Hudson" for a lighthearted
look at some of the difficulties facing a Russian conditional-resident
spouse.
--
Not a lawyer,
Chris Green
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