[bledi80]

Here is my case . I have known an Albanian girl whom I intend to marry. She came in United States on December 2006 by way of marriage with another US citizen but stayed married for only 11 days due to abusive and troubling relationship, and left to live on her own with relatives. During this time she has been working under her visa and she has authorization to work in Usa. She has had a 2-year visa which expires on December 2008 as the result of that marriage but did not get a green card as she got separated. She filed forms for divorce in Connecticut, and was told that divorce process might take up to 4 months. When that takes place, I will get married with her. What I am worried is if her visa expires, will she be able to file for adjustment of status under (marriage with me) without having to go back to Albania. She has all the declarations and forms on place.
Please, answer me what will happen in this case and will she have any problem filing paperwork for adjustment of status and what steps must be taken to make this process turn in our favor and not get too complicated

Thank you for answering

[lawanwadee]

If she entered US on K-1 visa, she cannot marry other guy. She must return to her home country while you file a petition for her which in this case includes filing a waiver since she overstayed.

If she entered US on K-3, or CR-1, returning to her home country is not required. When you file a petition for immigrant visa for her, you must file a waiver as well... please consult immigration attorney.

[bledi80]

If she entered US on K-1 visa, she cannot marry other guy. She must return to her home country while you file a petition for her which in this case includes filing a waiver since she overstayed.

If she entered US on K-3, or CR-1, returning to her home country is not required. When you file a petition for immigrant visa for her, you must file a waiver as well... please consult immigration attorney.

Thank you for answering
What kind of documents should be filed what happens during the period when her visa is expired

[smartiepants08]

Make sure that she checks for any special provisions for Albanians, submits application for immigration visa w/in deadlines for "lottery," and explores potential protections under the Violence Against Women Act. A good immigration lawyer would be able to look at this; I wouldn't rush the divorce papers through the system.

[lawanwadee]

Thank you for answering
what kind of documents should be filed what happens during the period when her visa is expired

Her only choice is consulting an immigration attorney... she might be able to file a self-petition on extreme hardship, but this is not an easy situation, don't mess up.