Immigration Law

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I am the spouse of an E2 visa holder (dependent). We have 1…

Customer Question
I am the spouse...

I am the spouse of an E2 visa holder (dependent). We have 1 daughter. We are currently divorcing. What will happen with my and with my daughter's visa after the divorce?

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

My husband also submitted an EB5 visa and he said he applied for green cards in June 2017. Now he is denying it so I am not sure it is true. His immigration lawyer won't give me any information although she is the one who is dealing with our paperwork too

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

I am trying now and doing my research. This is how I found this site

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am currently in Europe with my daughter. I am not sure how we can return to the US. As if it is true that he submitted the application for greencard then we might have left in the adjustment of status period so that can be a problem. If he did not submit that then we can probably come back with our E2 visa but for sure I have to leave the US after the divorce. But what about my daughter?? I would never leave her behind. Thanks

Submitted: 3 months ago.Category: Immigration Law
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Answered in 5 minutes by:
1/8/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 3 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,280
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Customer reply replied 3 months ago
thank you
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 3 months ago

I'm so sorry you're in this situation. Unfortunately once you and your husband divorce, your E2 will become invalid as of the date of the divorce. It is still valid now. If you are in the US when you divorce, You can remain in the US for a reasonable amount of time. But if you stay more than 6 months, you will receive a 3 year bar from returning to the US one you leave. So it's advisable not to do that.

As far a your daughter, her visa continues to be valid but custody issues are something you will have to work out in the divorce. Just because she has a visa does not mean a judge can force you to leave her in the US. You can ask for full custody. You must agree on an arrangement with your husband and if not the judge can intervene.

If you husband really applied for EB5 and you are still married, you can refile your I-485 adjustment application in the US if you come back.

Good luck to you and I hope this answer has helped you.

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