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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28409
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I'm ***** ***** nice to see you I have some question, I get

Customer Question

hey I'm ***** ***** nice to see you I have some question
JA: Thanks. Can you give me any more details about your issue?
Customer: I get married with an international student one and a half month ago but now, she seems like she is not happy and want to get divorced but the things is that she has been here for over one year, and she already changed 4 different schools and 3 states I already summit the application for a green card for her If we get divorced, is she kicked off of the country?
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
she's now loving another man, and the guy said after she gets divorced with me. He will marry her and somehow summit another application for her to keep her staying in America.
Customer: replied 11 months ago.
My question is that is she alright if it happens that way? will she pass the interview for the green card or she's going to get the deportation?
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

She can withdraw her part of the application process - i-485 Application for Adjustment of status.

You can withdraw your part of the process the I-130 Petition.

She may divorce you if that is her wish.

If she marries another US citizen they can file an I-130 petition for her and she can file another application for adjustment of status.

It doesn't matter whether she has maintained her F1 student status if she married a US citizen and applies for her adjustment of status based on the marriage as long as the marriage is not a fraud.

She would not be put into removal proceedings if she has an adjustment of status pending based on her new husband filing a new petition.

Marriage to a US citizen is an exception to the general rule that you must be in lawful status to file to adjust status.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
What if I sue her that she was a fraud?
Expert:  Judith Ludwic replied 11 months ago.

If she withdraws her I-485 then she is not trying to gain an immigration benefit through fraud. So even if you sue her for fraud, you may win that she didn't love you and she lied about that but it will not mean she defrauded the US government if she withdraws the application for her green card based on your marriage.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
she will be good with her new marriage. is that right?
Customer: replied 11 months ago.
Even though her history is not really clean?
Expert:  Judith Ludwic replied 11 months ago.

The burden is on USCIS to prove she sought to obtain an immigration benefit based on fraud or misrepresentation.

If she withdraws her application for the immigration benefit of adjustment of status based on your marriage there would be no fraud.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith