Here's a situation that I need clarification/help on. My friend came to the US 3 years ago for a holiday and met an american man. She got pregnant by him and they got married shortly afterwards so she can have a family here in the US to raise the child. After 2 1/2 years of waiting for permanent residence status, she has not heard anything yet. The local office is slow and at times non-responsive to her inquiries. The situation is now, she wants to get a divorce from her husband. Since she had a child here in the US from a US Citizen, does she have any rights to stay here legally if she has not yet obtained permanent residence?
Could she possibly get a divorce and get remarried and stay in this country? If so, would all the paperwork have to be refiled under her new spouse or can it be continued from the first marriage? Or if she does get a divorce, does she have to go back to Canada immediately and then have her USC apply for the I-129F and go through proper procedure?
It sounds really complicated and if any clarification is needed, please let me know. Any advice or suggestions is greatly recommended.
Could she possibly get a divorce and get remarried and stay in this country? If so, would all the paperwork have to be refiled under her new spouse or can it be continued from the first marriage? Or if she does get a divorce, does she have to go back to Canada immediately and then have her USC apply for the I-129F and go through proper procedure?
It sounds really complicated and if any clarification is needed, please let me know. Any advice or suggestions is greatly recommended.