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

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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: 6 months ago.Category: Immigration Law
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1/8/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 6 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,828
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 6 months ago
thank you
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 6 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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