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    bartlett's Avatar
    bartlett Posts: 1, Reputation: 1
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    #1

    Nov 24, 2007, 12:05 AM
    Divorce before citizenship
    I have a friend she was married in the philippines to an american citizen they moved to the us and have been here for about 2 years . He is a full blown alcoholic and my friend wants to die if she divorces before she obtains citizenship does she have to go back to the philippines or can she stay and continue her life here. She has not filed yet in December she will have been here for 2 years
    digger1's Avatar
    digger1 Posts: 16, Reputation: 2
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    #2

    Nov 27, 2007, 01:03 PM
    You will definitely need to check this with USCIS, if English or translation is a problem, you can do it on her half with her present. I have heard of one case of a woman being able to stay in the USA despite not being married for the required time (2 years), because she was able to prove physical abuse, as she had police records etc. When that two year period comes around, there are interviews to attend by both members of the couple, so this will be difficult if the couple is separated. If she divorces him before the two year period is up and there is no abuse, she may have to return to her homeland. This process is in place to stop people coming to the USA by marriage. I am not accusing her of such a thing, but that's why the rules are in place, as people take advantage of the system and wreck it for the genuine people.
    As I understand it, the two year period must be reached before citizenship can be applied for.
    Could she have her employer (if there is one) file for her to work in the US on another type of VISA? HB1 for example?
    jungletamer's Avatar
    jungletamer Posts: 5, Reputation: 1
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    #3

    Mar 27, 2008, 05:18 PM
    In actual fact, if your friend claims mental or physical abuse she will be fast tracked for visa approval unless the laws have been changed recently.Best advice seek a good lawyers advice!

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