Divorce before changing the status

[Boringwaiting]

My friend's husband ( he 's chinese american ) brought her to the USA , now he wants to divorce before her change of status. What can she do to get the green card alone????

[tonado]

Get an attorney.

[warpedbored]

There are some provisions for women to adjust status on their own if they are abused. Otherwise she will have to return to China.

[Boringwaiting]

I told you guys the story of my friend before , after she got to america about one and a half years . her husband wanted to divorce her . presently she has to agree with him . Her temperary green card will be expired until Junly 2007 . The Question is if she still be able to live in america after divorce during the temperary avialiable ?? Can she change her status by herself later ?? Anyone has the experiences on it ?? Hope to hear from you guys soon . Thanks

[LeeFisher3]

She might want to visit with an immigration attorney, but under normal circumstances she can not remove the conditional status alone. But, she would be able to remain in the US until the card expires.

 

She arrived on a K visa and the 2 year conditional green card is used to verify the marriage is viable, which it sounds like it isn't.

[david_dawei]

A divorce prior to removal of conditions requires a waiver.. but doesn't prevent the removal process...

 

http://www.uscis.gov/graphics/howdoi/remcond.htm#divorce

[ÕÔÙ»ºÍ³Î°ÛÀû]

Find someone else to marry?

[warpedbored]

Finding someone else to marry won't help. The visa is dependent on the petitioner.

[frank1538]

She arrived on a K visa and the 2 year conditional green card is used to verify the marriage is viable, which it sounds like it isn't.

216765[/snapback]

Just a reminder that the 2 year conditional LPR status is aimed at ferreting out fraud, and it is possible that a non fraudulent legitimate marriage may end in divorce. As David's link suggests, it is possible to have the conditions removed even if the marriage did not last two years.