Married but Out of Status - Gc App Now, Divorce Later

Summit2017

New Member
Jurisdiction
Texas
Thank you in advance for reading and all advice given! Will seek lawyer for case later.

Situation:
-Brazilian woman married April 2016 in Texas to US man.
-Did not apply for green card immediately.
-Status as B2 lapsed in December 2016.
-No longer loves US man and wants eventual divorce.
-Wants to stay in US.
-Woman, and consenting man, considering applying for green card in April 2017.
-Woman wants to marry another US man she has legitimately met.

Questions:
-What has changed for her situation under Trump?
-Will her green card application now get her deported?
-Will her green card application have the chance to be approved?
-How will divorce affect a 2 year green card?
-How long after the approved temporary green card is issued can she divorce?
-Is it safer for her to divorce out of status and remarry and immediately apply for green card?
 
Marriage doesn't do much towards obtaining the ability to stay in the US.
However, marrying Larry a year ago, and seeking a divorce today, and having one's new intended HARRY on the hook to be married after Larry has been divorced could send certain signals to immigration authorities.

Now that a new administration has assumed command, very few know for sure what changes will eventually be made.

Nonetheless, you're painting a very poor picture of yoruself.

I suggest you rethink your approach, and then engage an immigration attorney.
That is the one thing most people are learning about the new regime's immigration polices.
A lawyer will be essential (among many other requisites) to obtaining entry with the intent to stay in the US.

the other requisite is that immigrants will be required to show they can support themselves for a year (maybe two years) without government assistance, and must have skills and/or a college level degree with skills in demand in our country.

The US policy, it is rumored, will eventually resemble that of Australia.

This country can no longer sustain importing ne'er do wells, as there are far too many native born ne'er do wells.
 
This has nothing to do with Trump. Did you file anything before you visa expired in December? If not, you could be (and almost certainly will be) banned from reentering the US for any reason for some period of time (expect years).
 
Marriage doesn't do much towards obtaining the ability to stay in the US.
However, marrying Larry a year ago, and seeking a divorce today, and having one's new intended HARRY on the hook to be married after Larry has been divorced could send certain signals to immigration authorities.

Now that a new administration has assumed command, very few know for sure what changes will eventually be made.

Nonetheless, you're painting a very poor picture of yoruself.

I suggest you rethink your approach, and then engage an immigration attorney.
That is the one thing most people are learning about the new regime's immigration polices.
A lawyer will be essential (among many other requisites) to obtaining entry with the intent to stay in the US.

the other requisite is that immigrants will be required to show they can support themselves for a year (maybe two years) without government assistance, and must have skills and/or a college level degree with skills in demand in our country.

The US policy, it is rumored, will eventually resemble that of Australia.

This country can no longer sustain importing ne'er do wells, as there are far too many native born ne'er do wells.
Would her dropping the intended fiancée and staying with the current husband be safer for her attempt to successfully file for a green card without returning home to Brazil given she is out of status for 4 months and counting?
 
Would her dropping the intended fiancée and staying with the current husband be safer for her attempt to successfully file for a green card without returning home to Brazil given she is out of status for 4 months and counting?

Marriage has very little bearing in the green card lottery.
Her issue is she has overstayed her welcome.
The authorities take a dim view of people who break their laws.
These days the government is booting out people who are here illegally.
Its what other civilized nations have been doing for centuries.
In fact, Brazil doesn't waste anytime if you get caught brekaing any of their laws.
Look at those hooligans on the US Olympic swim team and the vandalism those hooligans caused to that nice guy's gas station.

Brazil booted those bums within hours.
 
Nothing gets her around not filing for legal status until months after the visa lapsed. Spouses do not have to wait for the lottery and are outside the usual waiting periods and caps for green cards. However, the marriages are scrutinized and if this marriage is basically over and the wife trying to marry someone else, no dice. New marriages are issued conditional permanent resident status and if the marriage appears to be a sham, it is revoked and can not be converted.
 
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