URGENT! Just a quick question

margoeisawi

New Member
I need to know for a friend, If she came here on a visa to help her sister and while she was here her and her husband who by the way was already here and is a citizen now decided that she should go ahead and apply for her Green card to stay here as his wife, And the process is already started and she was told she should have her visa in about 3 months..... but now the marriage isnt going so well and she is afraid that if she doesnt stay with him they will send her back home. Is this possible or does she still have the right to stay and recieve her green card reguardless of wether or not she is married to this man still?
 
Sounds like your friend is trying to scam a way to jump ahead of other immigrants applying for citizenship.

does she still have the right to stay and recieve her green card
There is no "right" to a green card.

Your friend should leave the country before she is deported with a 10 year ban.
 
No

Its not a scam I just need an answer, she has already applied for her green card and it is in process so how could it be a scam? I am just wondering if she is able to stay if her marriage doesnt work.
 
I would think she should have some proof of domestic violence, police reports etc. I don't think "marriage is not working" will be a good enough excuse to stay and get a GC. One of the requirements is that she must remain married and living with him for a certain number of years even after receiving the GC in some cases. So if the GC is what matters and if he not abusing her then she needs to make her marriage work.
 
Her AOS is based upon marriage to her US spouse. If the marriage is no longer intact, then she has no other basis for AOS. I am assuming that "battering/abuse" is not a variable here.

margoeisawi said:
Its not a scam I just need an answer, she has already applied for her green card and it is in process so how could it be a scam? I am just wondering if she is able to stay if her marriage doesnt work.
 
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