Legal Question in Immigration Law in California

I am here in USA under fiancé visa. I recently got married with US citizen. I have applied for SSN and green card but yet to obtain. Now I want divorce. Will I be able to stay legally after I apply for divorce. Also I want to marry with other citizen. So can I get divorce and still be in legal status?


Asked on 10/24/18, 6:54 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, not only will you NOT be able to stay in the U.S. (unless you are a battered spouse of a U.S. citizen & can prove it; then you would need to file form I-360), but even if you stay & marry a different U.S. citizen, you will be barred for adjusting. You MUST return home, & any new fiance or spouse (once you're divorced, of course), must petition you all over again.

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Answered on 10/25/18, 9:10 am


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