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  • Deportation

    My ex-wife and I divorced in Feb 2008 and the green card petition was stopped before our first interview. She is still lives in the US regardless the paper was stopped.
    1) If she received a deportation paper, and if she leave the country, when will she be able return to the US?
    2) If she did not leave the country and if she remarries other US citizen guy after Aug 2008, can she then legally stay and file a green card again through the new marriage?
    I appreciate your answers.

  • #2
    1. Depends on how many days she has illegally been in US. You are still married if the final decree is due and that gives her proper status to remain in the US as your wife.
    2. Yes.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      deportation

      So if the final divorce decreece is to be granted in 08-2008, and immediately she remarry another one, she will be able to file another green card?

      Divorce was filed in Feb 2008 and the petition of green card was offically filed to stop and no interview was granted. If a person marris a US citizen, then she just stays, why has to file a green card petition?

      Thank you for more answer

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      • #4
        deportaion

        My wife stays here since Feb 19 when the paper was officially withdraw from USCIS.
        Will you give me an example of how many days that she stays in the US after the deportation letter is sent to her will accordingly effected her returning to the US? Thank you

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        • #5
          So if the final divorce decreece is to be granted in 08-2008, and immediately she remarry another one, she will be able to file another green card?
          Yes. Even if she accumulates unauthorized stay, she can still apply for a GC as long as she entered US legally after being inspected by CBP.

          Divorce was filed in Feb 2008 and the petition of green card was offically filed to stop and no interview was granted. If a person marris a US citizen, then she just stays, why has to file a green card petition?
          Green card provides a person the freedom to work anywhere and not be impacted by separation etc. USCIS wants a marriage to last for 2 years to remove conditions of a GC and the person is free to quit the marriage. When you filed for divorce has nothing to do as she can still stay here as your wife if you are a USC.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by smsos
            My wife stays here since Feb 19 when the paper was officially withdraw from USCIS.
            Will you give me an example of how many days that she stays in the US after the deportation letter is sent to her will accordingly effected her returning to the US? Thank you
            Divorce brings bitterness amongst once happily married couples. I think you just have to get past it and let it go. If you are divorced/getting divorced, there is no point in trying to pursue it anymore. Let the person who is on the other side worry/take care of their status. Let the future husband be the judge about your soon to be ex-wife's true intentions.

            I would suggest to not worry about it and take it easy.

            Good Luck!!

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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