Legal Question in Immigration Law in Oregon

divorce to a US citizen

My girlfriend moved to the U.S. three years ago to finish her second masters degree and while here she married a U.S. Citizen in Alabama. They filed petition for change of status in June 2002. After almost 2 years of marriage things weren't working out and she started making plans to move back to her home country in Eastern Europe. She came to Oregon were we met. We lived together for a few months and she started working for an excellent accounting firm in the meantime. I really want to discuss the topic of marriage further but need to figure out how she can stay in the U.S. from the time she signs the divorce papers to the time we can hopefully marry.

My questions are.

1.) Should I file for a fiance visa before she signs the divorce? If, not then how long shall I wait before I file

for the fiance visa? (Her Husband is in another state, Alabama.)

2.) What options do we have to keep her here in the U.S. for a few months while the fiance paper work processes? I'm sure she'd prefer not to quit her job.

3.) Shall we hire an attorney to help handle this filing process or is it pretty straight forward? I don't want her to have to go back to her home country in Bulgaria.


Asked on 6/27/04, 8:38 pm

2 Answers from Attorneys
Rebecca White Law Office of Rebecca White

Re: divorce to a US citizen

I would need more information before I can fully answer your questions. Do you know the results of the June 2002 filing from her first marriage? Depending upon where that is in the process, she may or may not need to do anything further related to a second marriage. She may, however, need to take steps on her own in relation to the end of the first marriage. Please contact my office by telephone or email to explore this further.

My best wishes.

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Answered on 6/29/04, 12:37 pm
Baoqin Wang Law Office of Baoqin Wang

Re: divorce to a US citizen

I assume you are a US citizen. Since she is already here in the US, you cannot file fiancee visa for her. It is not clear what her status is right now so I cannot say which route you should go. You definitely should seek an attorney to make sure her immigration process is as smooth as possible.

Baoqin Wang, Esq.

503-626-7051

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Answered on 6/28/04, 1:11 pm


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