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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5222
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Following up on my previous question, My wife who is not

Customer Question

Hi, Following up on my previous question, My wife who is not accepting a divorce now and is currently in a different country. Her L2 has expired and so has mine. But I am legally allowed to stay in the US until 2018 since my I-94 is valid until 2018 provided I don't travel outside the US. My question is can she apply for an L2 stamping on her own at her home country without me intitiating any paper work to re enter the US?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

So then her L2 is based on your L1 visa? If so, are you still working for the company that petitioned your L1

Customer: replied 1 year ago.
I am still working for the same company. The company says no extension of the visa required as I have my 1-94 until 2018 provided I don't leave the US. She is in Guatemala and her L2 stamping expired this Dec. my question is if she can get it re stamped to enter the US?
Expert:  Jen Marie, Esq. replied 1 year ago.

She can get restamped but they may ask her for an updated employer later stating you are still working there to get a new stamp. IF she doesn't have that, they could deny her.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
Well, let me give you more background of the case. We were in a relationship and we decided to get married in Guatemala, she took me to a lawyer and we did some pre paperwork and were supposed to get married after 5 months through a ceremony and we had all the wedding cards etc printed. Over the next few months I realized that all she wanted was money and wanted to enter the US as she has a son from a previous marriage in the US which I was not aware of . Then I decided to call of the ceremony. She got the paperwork registered without my knowledge.She then applied for L2 Visa without my knowledge and tried to enter the US but I sent her back. Now it is expired. She is not registered as my wife with my employer and I have filed a case of misleading against her and I did not have any intent of marriage to be finalized and I want it annulled.Can I get married now and apply an L2 for my new wife. What are the possible risks I stand ?
Expert:  Jen Marie, Esq. replied 1 year ago.

This would actually be considered a brand new question since it is about another spouse , but I will be happy to answer it for you this time.

The answer is It depends. If the marriage to your first wife is considered legal in the US, which you would have to confirm separately, then you cannot legally marry someone else. First you would have to divorce her or have it annulled then you are free to marry. If you marry someone else and your marriage to her is considered legal, your second marriage could technically not be legal. It is better to do it correctly.

I hope that helps and hopefully you are now able to issue a positive rating . Best of luck!