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Can a CR-1 visa be canceled due to a possible divorce, before the beneficiary has travels to USA.

New York, NY |

My cousin got married to a us citizen , who sponsored her for immigrant visa . She got the CR - 1 visa. Her visa was issued a month ago and is valid for six months. Her US sponsoring spouse told her to go to his parent's home and take care of them for next few months, which she refused, thus making her husband go overseas and threatened her with divorce there. The US citizen spouse went overseas and now plans to divorce her overseas . The marriage is over 15 months. Can she still travel on her CR - 1 visa to USA and file for divorce here , or her visa will be canceled as the US spouse has threatened a divorce overseas , and she will be denied USA entry if she travels.

Attorney Answers 3

Posted

This is unclear, but if she has the CR-1 visa, then she must enter the U.S. for the visa to convert into a green card. The issue is whether she is married. However, her husband can try to revoke the visa, so she needs to take action. Perhaps, he needs marriage counseling, among other things.

If she is still married and entered the marriage in good faith, she should try to enter the U.S. as soon as possible. The DHS will only be concerneed whether the marriage was entered based upon a bona fide relationship. However, she will need to keep and preserve all evidence of her pre-marital and marital relationship for future review.

If her husband is abusing the relationship, then this is a different matter. However, if she immediately files for divorce in the U.S., then this can cause complications, as well. In addition, there may be challenges with her husband's efforts to divorce in the future, where she is improperly served.

In the interim, I strongly recommend that she schedule an appointment or teleconference with a competent and experienced immigration attorney as soon as possible, so that she is comfortable with the situation.

This is general information, not legal advice, and does not create an attorney client relationship.

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Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer

Posted

The primary issue is whether or not she has ever entered the States using the CR and if not when it expires. Discuss fully with counsel.

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I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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