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A woman came to the U.S. on a K-1 visa. Married her sponsor…

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A woman came to...

A woman came to the U.S. on a K-1 visa. Married her sponsor and lived with him until about 5 months before she had to apply for the removal of restrictions to get a 10 visa. Got caught by her husband committing adultry.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

So she moved in with her lover. Obviously, her sponsor husband is filing for divorce and won't sponsor her visa extension. Is there any way she can still get the 10 year extension?

Lawyer's Assistant: Have you talked to a lawyer yet?

No, and also would like a very general range of what it might cost to try for the visa extension?

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/16/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 4 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,508
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 4 months ago
He was a good husband; no domestic abuse or battered spouse issues.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 4 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Yes, if the marriage is terminated and she is able to provide documentation to USCIS that she and her spouse had a good faith marriage for the period of time leading up to 5 months before the date when her I-751 had to be filed.

Does her husband have any evidence that she was engaged in the adulterous relationship for a long period of time during their marriage?

Does he suspect that she only married him for the immigration benefit?

If he is able to show that she committed marriage fraud she will not be able to self-file the I-751 and she would not be able to be sponsored by any future spouse. She would be put into removal proceedings to send her home.

I'd like more details, please.

Also, he is better off to file annulment because then that erases the marriage as far as the law is concerned and then she is not able to benefit from their marriage and her conditional status would be revoked.

Judith

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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