Tweet
Okay...in 2001 my friend married an illegal alien because she was pregnant by him. Now, he has filed for divorce with full physical custody, joint legal custody, and she has visitation rights. While they were married, she never went through the process to become a citizen. When the divorce becomes final, what will happen to her?
-
-
A little confusing here; who is your friend here , him or her?
A US citizen must file a petition to bring his/her illegal spouse
to legal status (green card) after marriage. If the status was not adjusted
then ,it cannot be adjusted after the divorce. -
ok sorry about that...my friend is the male, and he had a child with the woman. he was also born here in the united states, making him a citizen. the two married in 2001 when she became pregnant. they have been separated for about 2 years now. however, he just recently filed for a divorce. they are now legally separated. also, they never went through the process for her to become a citizen. his ex received the papers to begin naturalization but never completed them. she is completely illegal, doesn't have a gc, visa, nothing. basically what i want to know is this...when the divorce becomes final, will she be allowed to remain in the united states or will she be deported?Comment
-
Since she has no legal papers , she will be a subject of deportation.
But it is possible that she becomes legal by marriage to another US
citizen after this divorce.
Also, are you sure that she does not have a GC, since she requested naturalization papers? Naturalization is only possible if you have had the gc before.Comment
-
ok sorry! i'm pretty stupid in this subject! we are not sure exactly which papers she received, but it is the first set of papers to begin the process. she doesn't have anything. and yes, i am sure that she does not have a gc. thank you for your help!Comment
Comment