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I like to marry this lady from Ukraine. she is separated from…

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I like to marry this...
I like to marry this lady from Ukraine. she is separated from a man from Wisconsin. They got married in Ukraine in a church. She came here to USA to live with him and she found the guy abusive and decided to go back to Ukraine. While they were together, her husband applied for green card for her. She has not got the green card yet, but she is expected to get it by this September. We have already met and we like to get married. She is still living in Ukraine. She is not divorced yet and her husband wants her back. She does not want to go back to him anymore. She wants to come back to USA and be with me.
can she get herself divorced in Ukraine court, as she married there in the first place?
what do you think is the best course of action for me to follow, considering her divorce situation, green card etc etc. what is the best and easy course for her easy but legal.
Submitted: 8 years ago.Category: Legal
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Answered in 33 minutes by:
6/17/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



This is very important - how long was she married to him and do you know if she has filed the PETITION TO REMOVE CONDITIONAL RESIDENCE yet?





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Customer reply replied 8 years ago
Hello Eli, Lady came on K1 visa ( issue date 4/16/09 exp 10/14/09).
She entered USA on 6/24/09. She got married in Russian church Washington DC on 9/18/09, even though they lived in Wisconsin. I made a mistake before when I said they got married in Ukraine.
She left USA on 10/23/09. They have been together for about a month after marriage. She has been married to him less than a year. she was in an abusive relationship. After she left, her husband decided to apply for Green card on her behalf. she has not got Green card yet. He is trying hard to get her the green card hoping to bring her back to USA. She is very adamant not to return to him. He is writing letters to her constantly. she has already told him that she wants divorce.
can she file online divorce? There are no children or property in the marriage.
Lawyer: Ely, Counselor at Law replied 8 years ago
Okay. It sounds like he filed the I-130/I-485 for her, but w/o her consent. Unusual.No, she must petition for divorce in person - she can file by an attorney or herself, but WOULD have to show up in court for the prove up of the divorce. Then you can remarry her and file for a GC yourself, OR petition for her via a k1 and then marry her in US and file for the GC.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer reply replied 8 years ago
if she does get this green card. can she use to come back to USA and file the divorce papers without being close to him. what happens to green card after the divorce is filed. Is it good through the finalization of divorce. can she stay in USA through my K1 process or she has to leave the country?
since on the green card application, it is her Husband's address, green card is more likely to go this address. Can she approach Immigration Dept. and ask them to deliver the green card to the USA embassy in Kiev.
Thanks for your time. I appreciate it.
Customer reply replied 8 years ago
Hello Eli, I am sorry, I just found out that she is not getting the Green Card, instead She is getting K3 visa. Her husband lives in Milwaukee. she wants to keep her husband in dark about her arrival. How about if she lands in Houston, instead of Milwaukee. Is their any such requirement in K3 visa that says that she must land in Milwaukee. She is trying to hide from her husband during this divorce process, except the day she has to appear in the court.
After the divorce is finalized and I start the new K1 process, can she stay in USA during that process.

Lawyer: Ely, Counselor at Law replied 8 years ago
Just have her divorce, remarry her and then file an I-130.I-485. NO NEED to do another fiance visa, even if her visa is expired.
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