Can some one change there Visa from a marriage Visa to a Work Visa

Asked about 2 years ago - Pagosa Springs, CO

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My has had her I-751 denied , she is possibly in removal proceedings . and her extension expires very soon . we are in a bitter divorce . she has stated that she will stay in the country because her friends say she can get a work Visa …is this true . also she made false statements about me about things that allegedly happened 6 months ago . and is trying to go for a VAWA to stay . I hear that is not so easy .. I hear you have to have hard evidence like photos and police reports . her biggest problem is she forged my police signature on the joint petition on the I-751 form

Attorney answers (1)

  1. Contributor Level 18

    Answered March 07, 2011 10:08. The forgery may be a problem for her. However, she may be able to stay even if you divorce as individuals who have marriage based greencards are allowed to stay even after they divorce as long as they can show that the marriage was genuine at the begining even if it ended in divorce. This is he case even if she does not seek VAWA.

    If you divorce her you will have no part in her immigration status, however you will still be responsible for the affidavit of support contract you signed with the government.

    Andre Olivie, Esq.
    www.olivielaw.com

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