Ask Experts Questions for FREE Help !
Ask
    questionsByme's Avatar
    questionsByme Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 25, 2008, 01:37 PM
    Status after/during a divorce
    I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?
    PoliticallyCorrect's Avatar
    PoliticallyCorrect Posts: 58, Reputation: 3
    Junior Member
    		  
    #2

    May 25, 2008, 02:49 PM
    Quote Originally Posted by questionsByme
    I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?
    Are you asking if he can stay in USA without a green card? The answer is that anyone can stay legally with a valid visa.

    He might find this hard to get however as he won't get a work visa while he has a valid green card. If he has strong qualifications and an employer who really wants to keep him, they will be able to work something out.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #3

    May 25, 2008, 04:25 PM
    Quote Originally Posted by questionsByme
    I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?
    If you:
    • file a divorce.
    • do not provide financial documents as per I-864 Affidavit of Support.
    • do not go to USCIS interview with him.


    Then he will lose his legal status.

    The chance to get work visa is slim because most of the quotas have been filled and process to obtain work visa takes a long time. Most employer will not sponsor work visa for those who already have conditional greencards. It won't be easy for him.

    What you should do is file a divorce and move on.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Chaning status from F1-H1B and maintaining F1 Status. [ 9 Answers ]

I got my H1B approved through a Company and Currently I'M on F1 Visa doing my MS , I have a Gap of 20 days between my F1 and H1B ,please find the details below. By May end I would be completeing my second semester and have to register for 3rd Semester (Fall Semester) by 10th Sept ,2007 ,I'M...

Divorce with F-1 status [ 1 Answers ]

My name is Lanie Tran. I am curently an international student. I got married with my boyfriend, who is US citizen, 3 months ago. For some reasons, he wants to get divorced with me. We just got our marriaged certificate, we have not applied any thing else. With my situation, does it effect to my F-1...

California Divorce Status [ 1 Answers ]

After a divorce has been approved, there is a six-month waiting period before it is finalized. What is the legal status of the individuals? Do they still have any legal connection? For example, if one dies, are they still legally married? Or, if medical decisions are needed, are they responsible? ...

Immigration status after divorce [ 2 Answers ]

Dear Sir/Madam, I am married for almost 2 years to a lady who is about to migrate to USA on account of her mother sponsorship. I believe it will take another 2-3 months for us (my wife, myself and my 1 month old child) her to reach USA. In the meantime, there are differences developed in both...

What Status should I file tax since my status changed from F1 to H1 from Oct 23 2006! [ 1 Answers ]

Hello, I have the following questions about filing for taxes for the yr 2006. 1. Since my visa status changed from F1 to H1 on oct 23rd 2006, what status should I file the taxes as & which form should I use? Till now I have used 1040nr ez! FYI : I am frm India, I have not left US from...

View more questions Search