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| Форум адвоката Андрея Соболевского. |
| Immigration |
Vitaliy
Dedham |
. I am a GC holder since 2000 (DV). At that time I was married, and my wife (now ex-wife) also received a GC and lives in US. In December 2001 we divorced.
2. Now I have re-married, and my current wife does not have a GC. She entered US in March 2003 with guest visa (B2), being pregnant with my baby, and she is going to deliver in US approx. in the middle of June. Her visa expires in September.
3. We would like to stay in US, but we do not know what would be the best way to go now.
- Is it possible that she stays in US, I submit form130, and we wait for her status adjustment as the wife of perm. resident (? if it is the case) in US, or
- should she go back to Ukraine and apply for a multiple visa? There is a problem here - when she applied for B-2 visa she asked for 3 weeks stay in US, and her visa has an annotation "3 weeks" printed in the consular office in Kiev at the time of issue. But at the entry to US the officer gave her a slip with the stamp "admitted till September 16". Is she violating something staying beyond 3 weeks, till September? Could it be a reason for not issuing a next visa to her?
- Any other way to go in our situation? Could a citizen child be of any help?
I would very much appreciate if you could direct my further steps.
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Andre R. Sobolevsky
New York City |
Response for: Vitaliy at 6/9/2003 9:27:00 PM
You can file 130 for her but the real question is whether or not BCIS will consider her out of status if she stays beyong her current visa. The answer is, most likely, yes, she will be out of status if she does not return back. The second question is when is her B2 expire. I believe that the BCIS agent on the border always controls and if her white card I-94 states the departure date as September 16, then she is in status until then. I suggest exploring other avenues like a working visa if she qualifies and has the ability to find an employer. A minor or child who is a citizen is of no help. I know nothing about her religion or anything else about her life but if there are facts to prove past persecution and fear of it in the future then she can file a succesful claim for political asylum. Last but not least, if you were an abusive husband who subjected her to physical abuse or mental cruelty she could file her own petition for a green card called I-360 since it does not require you to be a citizen.
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