Legal Question in Immigration Law in New York
Divorce before interview
Hello.
I'm from Korea and married to an American citizen for more
than 3 years. My interview was a year and a half ago but I
had to reschedule for the interview because I had to travel
for my new job (it was a very important task fo rme and for
my carreer). I did this procesure through my lawyer. After
that I haven't heard anything from INS. My marriage with my
husband deteriorated over 2 years I feel miserable. My
question is:
1) If I divorce my husband, how long am I allowed to stay
in the US?
2) If I divorce him and get married again with someone else
in the future, can I re-apply for a green card ?
I'm desparetely need an answer. I really appreciate any
advice and help.
Thank you:(
2 Answers from Attorneys
Re: Divorce before interview
Your best option as a battered spouse is to file for a waiver of the interview based on spousal abuse. This process requires ample documentation of the abuse including evidence such as police reports and affidavits from friends and family.
If you feel you have requisite proof of abuse, this is the recommended route for you.
Re: Divorce before interview
If you divorce your husband before the next interview, you will not get a greencard thru your husband. How quickly you will be placed in removal proceedings is another matter. Right now it takes a long time. However, INS NY is talking about changing that so that denied applicant can be served with a notice to appear for removal proceedings at the interview in the very near future.
If you aren't in removal proceedings and you remarry a citizen, you can refile an I-130/I485 administratively. However, if you are already in removal proceedings, it becomes far more complicated to stay in the US.
If you have been abused in yor marriage, you can always file a battered spouse case.
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