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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28197
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have my L2 visa until 2019 but my husband is leaving to

Customer Question

I have my L2 visa until 2019 but my husband is leaving to our country of origin. Can I stay in US without him?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

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

How long ago did your husband leave? Is he coming back?

Judith

Customer: replied 1 month ago.
He is going back in May cause the company needs him in Ecuador. He won't come back and we will look for a divorce. What is more convenient for me?
Customer: replied 1 month ago.
The company gave him an special contact as an expat for 3 years and now they want him back in Ecuador but I don't want lo leave and we are not living together.
Expert:  Judith replied 1 month ago.

This is not good for you. You cannot remain here on the L2 if he is called back. You will need to change your status to student status or if you have a degree to find a sponsor for an H1B visa next April when the lottery for H1B opens for october 2017.

If the consulate is notified by his company that he has been recalled they will cancel his L1 and your L2 visa.

As a dependent you status is based on his status.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 1 month ago.
What if I get married with a US citizen?
Expert:  Judith replied 1 month ago.

Yes, that would solve all your issues if it is a marriage in good faith for love. Is that an option?

Judith

Customer: replied 1 month ago.
I got separated from him because I'm dating an American
Customer: replied 1 month ago.
But how should I proceed for that?
Expert:  Judith replied 1 month ago.

Well, than proceed with the divorce and marry your American BF! You are very lucky to have found love and be in love with an American. You need to hire a divorce lawyer to get your divorce and then follow the procedures below to file for your green card. You can remain in the US while you wait for your green card. You will get permission to work and travel in approximately 90-100 days and an interview within one year of filing.

Here is what you will need: Find instructions for each here:

http://www.uscis.gov/forms

I-130 Immigrant Petition (signed by US citizen spouse)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien and one for their spouse)

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Two passport sized photos of spouse

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on Page 6 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 month ago.
When should I start with my divorce papers (in order to not to lost my job)
Expert:  Judith replied 1 month ago.

There is no way to prevent the gap. Once you are divorced you no longer hold L2 status and your EAD under law is void. But USCIS does not know that and they do not notify your employer your EAD is void.

Marriage to a US citizen is one way USCIS forgives you working without authorization and overstaying your status. Your green card is not denied because of that violation and marriage to a US citizen gives forgiveness.

This may seem complicated to you and you may want to talk on the phone about it so you completely understand. I will send you an offer.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 1 month ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judithh

Expert:  Judith replied 1 month ago.

I assume you realize that experts are not on salary. I put in extensive time answering your questions and because you didn't take the moment's time to click on a 5 star rating I did not earn one penny for my time with you.

We all, including like to believe our time has value.

Judith

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