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My friend is here in USA as a spouse of a PhD student. They

Customer Question
are both from Honduras. The...
My friend is here in USA as a spouse of a PhD student. They are both from Honduras. The marriage is ending. He left with another woman. He continues to provide for her because she cannot legally work. He wants to divorce her, but wants joint custody of the little girl (Age 5). What could possibly happen to her immigration status once they divorce? Does she have a chance to gain legal status in USA once they are divorced?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: not yet no but he left the apartment and resides with his girlfriend
JA: Anything else you want the lawyer to know before I connect you?
Customer: My friend is not legally able to work. However, her spouse pays the apt rent and stays in contact with their young daughter. He sees the little girl everyday.
Submitted: 3 months ago.Category: Family Law
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7/25/2017
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5,963
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. What happens to her immigration status depends on when they were married and when she came to the United States. It also may depend on her spouse's Visa status as well. If she immigrated to the United States within two years of them getting married then she is going to be considered a conditional resident. If she's a conditional resident, then her status is going to be limited to 2 years. She could file to become a permanent resident at least 90 days before the date that her conditional residency expires and before the divorce. If she waits until after the divorce, then she's going to need to fill out form i-751 by filing a waiver. if she already has a green card then she is a permanent resident then she will not need to worry about her status.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Customer reply replied 3 months ago
My friend has a S1 and her husband has a S2 visa that allows him to work 20 hours a week.
She came here with him while he pursued his PhD. He left the apt and now resides with his girlfriend. He left and has asked for a divorce. Neither of them have residency. Could you give me a clearer picture of what her immigration options might be?
Customer reply replied 3 months ago
Her husband will graduate May or Aug 2018. She is worried that he will find a job in another city and she will have to follow him, since he wants joint custody. Her English is limited. So, she needs to figure out what immigration options she has to stay in the USA without having to follow him.
Customer reply replied 3 months ago
they will be married 10 years July 28. They have been in the USA since Aug 2013 for his PhD. They were married in Honduras.
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Sure thing. Without a full-blown legal consultation I would not be able to tell you with 100% certainty, however, she may just want to apply for an adjustment of status to get a green card. If you click here, you can see the variety of reasons that somebody would be eligible for green card. If one of those don't fit, then she may need to apply for a different kind of Visa. the number of visas that are available is pretty extensive, so you'll have to click here to see what you would apply for any one of those .

Did you have any other questions for me?

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Category: Family Law
Satisfied Customers: 5,963
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