question for PRAETORION X1

[hotman]

Hi my sister was married to USC for two and a half years he filed I130 for her and AOS but things have not been good so she seperated 6mths ago and she is filing for divorce and wants him to withdraw application. during the seperation she met someone who treats her really well he is a LPR and she wants to marry him can he file for her and can she adjust status under him. She does not want to stay married to USC only because of application. Any suggestions

[PraetorianXI]

She can not file for adjustment of status based on marriage to a permanent resident, she would have to wait for him to become an US Citizen.

What visa did your sister use to enter the USA?

What is the status of her Green Card application? why is it taking so long? name check?

[hotman]

the facts for praetorianx1

she entered on b2 visitor which experied in 2005 and no she is not waiting on name check she has her interview scheduled for april 8th 2008 but husband is a jerk really. Ater their first interview she seperated from him because he is really ignorant. he got mad with the interviewing officer for no reason what so ever and they sent them for a second one from her assesment based on his attitudes towards the officer, which is something both family speak to him about so she left .what are her options

[PraetorianXI]

she has no legal way of staying here. Without the GC being approved she will be out of status once she fails to show up for her interview.

She can not adjust status in the US by marriage to an LPR. And even if she could, it will take 5-6 years for her to get an immigrant visa.

[hotman]

thank you praetorian

thanks for your imput, so if she puts off the interview will that be a problem until she can sort her self out. because her husband is willing to go the interview we are just worried about his temper