Legal Question in Immigration Law in California

visa/greencard possibilities?

I have had 2 H1-B1 visas (6 years total). I am European.

I got married last year in August to an American and

applied for a green card. We haven't had the interview

yet. I have an employment authorization until end of this

year. Now my husband wants a divorce. How can I stay

in the US? What are my options?

Thank you.


Asked on 4/05/04, 2:05 am

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: visa/greencard possibilities?

You will have your interview aroind this August. During the interview..if you arestill married...it is fine...if not you need to show that you have entered the marriage in good faith. Is there any abuse involved...if so... you would eligible for relief under Viloence Against Women Act.

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Answered on 4/07/04, 12:20 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: visa/greencard possibilities?

You will have to prove that your marriage was entered in good faith. You will need to hire an attorney.

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Answered on 4/05/04, 4:10 am
Larry L. Doan Law Office of Larry L. Doan

Re: visa/greencard possibilities?

"Good faith" alone, as these other attorneys responded, isn't enough. A couple could enter into a marriage in good faith but they want to divorce regardless. In that situation, the INS cannot just approve the green card simply because the couple married in good faith. If that's the case, EVERYBODY can just enter into marriage and claim "good faith" and then divorce before the interview. That's ridiculous.

You'll have to have credible and substantial evidence that your husband abused you, and that will require police reports and psychiatric reports. Do not fake it. You'll waste a lot of money doing so. Your best chance is to try to get a labor certification case so that the H-1B can be extended past 6 years.

Liem Doan, Esq.

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Answered on 4/08/04, 6:06 pm


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