Legal Question in Immigration Law in California

B2 visa holder w/ I-94 expiring in a few days
My brother is here in the US on a B2 visa. His 6 months visit expires on Sept. 22nd. During his stay, he met someone and they got married in August. They made plans of filing I-130 and I-485 but it did not materialize. Unfortunately they now both want to get a divorce. The other party is uncooperative so my brother wants to file for the divorce himself. But his B2 visa is expiring in just a few days. Can my brother still file for an extension with the INS so he can take care of his divorce? If the request for extension is denied what would be the consequences? My brother holds a multiple entry ''r'' visa valid until 2010. If he goes home now and file for the divorce later, how long should he stay back home before coming to the US again?
Thanks for your input!

Asked on 9/19/07, 2:10 am

Amy Ghosh Law Offices of Amy Ghosh

0 users found helpful

0 attorneys agreed

Re: B2 visa holder w/ I-94 expiring in a few days

He can come back in few months. He should file the divorce before he leaves US. I hope he did not file the adjustment package...

Answered on 9/19/07, 11:41 am

Keywords

Match Any Match All

Country

State

Area of Law