Married but Out of Status - GC app now, divorce later.

Summit2017

New Member
Thank you in advance for reading and all advice given!

Situation:
-Brazilian woman married April 2016 in Texas to US man.
-Did not apply for green card immediately.
-Status as B2 lapsed in December 2016.
-No longer loves US man and wants eventual divorce.
-Wants to stay in US.
-Woman, and consenting man, considering applying for green card in April 2017.
-Woman wants to marry another US man she has legitimately met.

Questions:
-What has changed for her situation under Trump?
-Will her green card application now get her deported?
-Will her green card application have the chance to be approved?
-How will divorce affect a 2 year green card?
-How long after the approved temporary green card is issued can she divorce?
-Is it safer for her to divorce out of status and remarry and immediately apply for green card?
 

1AurCitizen

Registered Users (C)
Must initiate divorce before remarrying. Divorce from current husband must be final, feel free to marry anyone after.

You're out of status and deportation is a potential risk. Filing for divorce and leaving the US before June is an option. You will begin accruing an illegal presence ban upon exiting the US after 180 days of unlawful status.
 

Summit2017

New Member
Must initiate divorce before remarrying. Divorce from current husband must be final, feel free to marry anyone after.

You're out of status and deportation is a potential risk. Filing for divorce and leaving the US before June is an option. You will begin accruing an illegal presence ban upon exiting the US after 180 days of unlawful status.
And what problems would she face if she decides to stay in her current marriage, forget the new marriage, and file for a green card? She has been married 1 year, been out of status from a B2 for 4 months, and has yet to file for a GC.
 
Top