Married but Out of Status - GC app now, divorce later.

[Summit2017]

Thank you in advance for reading and all advice given! Will seek lawyer for case later.

Situation:
-Brazilian woman married April 2016 in Texas to US man.
-Did not apply for green card immediately.
-Status as B2 lapsed in December 2016.
-No longer loves US man and wants eventual divorce.
-Wants to stay in US.
-Woman, and consenting man, considering applying for green card in April 2017.
-Woman wants to marry another US man she has legitimately met.

Questions:
-What has changed for her situation under Trump?
-Will her green card application now get her deported?
-Will her green card application have the chance to be approved?
-How will divorce affect a 2 year green card?
-How long after the approved temporary green card is issued can she divorce?
-Is it safer for her to divorce out of status and remarry and immediately apply for green card?

[inadmissible]

If you apply for a green card based on marriage that doesn't meet certain requirements, and then get denied, you probably be put into deportation proceedings. Even worse, if they determine you had applied in bad faith, you will face obstacles to getting a green card in the future

In your situation, I would suggest divorcing the man you don't want as a spouse, then marry the man you want as a spouse, then apply for a green card based on that second marriage

[scientist2016]

I agree with inadmissible. The last option you mentioned (divorcing, re-marrying, and applying for a GC based on that marriage) would be your best bet. If you do not leave the US before you get your AP approved, you should be fine, since it does not matter for your GC petition (being spouse of a US citizen) that you are out of status at the time of application. Mind you, this is valid only if the prospective petitioner (your prospective husband) is a US citizen.

[Summit2017]

I agree with inadmissible. The last option you mentioned (divorcing, re-marrying, and applying for a GC based on that marriage) would be your best bet. If you do not leave the US before you get your AP approved, you should be fine, since it does not matter for your GC petition (being spouse of a US citizen) that you are out of status at the time of application. Mind you, this is valid only if the prospective petitioner (your prospective husband) is a US citizen.

And what if she is out of status, forgets the prospective marriage, and stays in the current marriage then applies?

[Summit2017]

I agree with inadmissible. The last option you mentioned (divorcing, re-marrying, and applying for a GC based on that marriage) would be your best bet. If you do not leave the US before you get your AP approved, you should be fine, since it does not matter for your GC petition (being spouse of a US citizen) that you are out of status at the time of application. Mind you, this is valid only if the prospective petitioner (your prospective husband) is a US citizen.

And what problems would she face if she decides to stay in her current marriage, forget the new marriage, and file for a green card? She has been married 1 year, been out of status from a B2 for 4 months, and has yet to file for a GC.

[newacct]

And what problems would she face if she decides to stay in her current marriage, forget the new marriage, and file for a green card? She has been married 1 year, been out of status from a B2 for 4 months, and has yet to file for a GC.

No problems, if her marriage is genuine.

[scientist2016]

Yes, as newacct mentioned no problems, as long as the marriage is genuine. But please do not stay in the marriage just to file the GC, since it is only going to make things worse down the line. USCIS folks are trained to sniff out marriages that are not genuine, and hence never ever assume that you are going to fool them if your marriage is not genuine.

[Bell90]

Thank you in advance for reading and all advice given! Will seek lawyer for case later.

Situation:
-Brazilian woman married April 2016 in Texas to US man.
-Did not apply for green card immediately.
-Status as B2 lapsed in December 2016.
-No longer loves US man and wants eventual divorce.
-Used a https://onlinedivorcetexas.com
-Wants to stay in US.
-Woman, and consenting man, considering applying for green card in April 2017.
-Woman wants to marry another US man she has legitimately met.

Questions:
-What has changed for her situation under Trump?
-Will her green card application now get her deported?
-Will her green card application have the chance to be approved?
-How will divorce affect a 2 year green card?
-How long after the approved temporary green card is issued can she divorce?
-Is it safer for her to divorce out of status and remarry and immediately apply for green card?

Very difficult situation, I think you should ask for professional help, because there may be inadequate information on the forums.