Legal Question in Family Law in Texas
expired b1 in us/divorce/marry us citizen
my girlfriend is currently living with me with her daughter . she has a b1 visa and has stayed here 6 months so far past her departure date she is from taiwan and still married . we want to be married sometime in the future but her husband will not sign papers for divorce . is this a hopeless situation ? she has a unexpired visa and passport and also international drivers license . she also has a vehicle registered in her name . can you give me a starting point on options ? is marriage legal if i marry her ? her daughter is also in school here and is 7 years old , can her husband that abused both of them cause problems for her in u.s.?she is scared of returnig to taiwan and has nightmares from abuse . does she have any rights to counsel in the u.s. to iniate divorce from here without returning to taiwan ? please help ! we cannot sleep !
1 Answer from Attorneys
Re: expired b1 in us/divorce/marry us citizen
First, you really need to talk to both an immigration lawyer and a family law attorney. I dont do immigration anymore but can say that will be a bigger concern than the family law issue.
I can tell you that she can divorce here in the US without having to return home. She wont get any property awarded to her that may be in Taiwan but she will get a divorce so that you can legally marry. You will have to serve him in Taiwan or have him sign a waiver but that part is doable.
As for the immigration matter, you will need to see an immigration attorney about her current situation. She should have applied for an extension of the B-1 visa if here for business or try to get some type of temporary visa now. Accrueing "bad time" - meaning time here without authorization - could hinder her adjusting her status here in the States.
Good luck
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