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My cousin is here on a fiance visa from El Salvador. She is…

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My cousin is here...

My cousin is here on a fiance visa from El Salvador. She is in the United States and has been married for 7 months. Both she and her husband have decided to divorce. As of now she is on a fiance visa and she has also already filed for a change of status and has done the biometrics. My question is if she is filing for a divorce should she leave the country now, should she withdraw the case, or will she still be able to stay in the country. They have submitted for I-864 (affidavit of support) as well.

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

Yes pending application to chanve status to permanent resident.

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

No

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

She has left their household and is staying with me but has no working papers. Not sure if she should return to el Salvador, go to California to live with father (u.s. citizen) and have him petition for her or to withdraw the case all together

Submitted: 1 month ago.Category: Immigration Law
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Answered in 4 hours by:
3/11/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,497
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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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month 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.

If sheis not claiming to be an abused spouse she will need to leave as soon as the divorce if final unless she is called into USCIS for her interview at which the adjudicator officer will deny the I-485 and set her up for removal proceedings.

So whether she should leave now depends on how quickly itis anticipated forh er to finalize her divorce in the US.

If it will be a long process she should leave and pursue divorce proceedings in El Sal.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

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Judith Ludwic
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Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,497
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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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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