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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105582
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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My Thai Girl friend is here with me in the US on a B-2 visa.

Customer Question

My Thai Girl friend is here with me in the US on a B-2 visa. She married a candian citizen over six years ago and has not seen or heard from him in over 5 years. We plan to get married how can she obtain a legal divorce and how long will it take? Should she file in Thailand or US?
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


How long has she been in the U.S. already?
Expert:  Guillermo Senmartin replied 2 years ago.
Hello Todd, I need to know how long she has been in the U.S. already. This is important. Do not worry, I will not ask for your personal information nor her personal information and when we are done, I can have this thread closed down for privacy so that no one can ready it. So I ask again, how long has she been in the U.S. already?
Expert:  Guillermo Senmartin replied 2 years ago.
Did you reply? If you did and you do not see your reply above, it is because we have been having technical difficulties. Please repost your reply and to make sure it went through, you should be able to read it on the thread, not get a mostly blank screen after hitting the reply button. I believe I may be able to help you. Sorry for the inconvenience. Thank you.
Customer: replied 2 years ago.

She arrived into the US on Feb 6, 2014 with a b2 visa good until Aug 6, 2014.

Expert:  Guillermo Senmartin replied 2 years ago.

Well, I that you do not want her to leave the U.S., file a divorce in Thailand, wait for that to process which I cannot even tell you about their laws and how long it could take, then file for her to get a visa to come back and that process I can tell you that it takes 9 months or so. So assuming that, she will most likely end up illegally in the U.S. at some point. She can try to extend her stay by filing an I-539 and proving why she needs to extend her stay, that she is not intending to immigrate and that she will go back home. If she mentions you, they will deny the extension. If they deny her extension and/or she overstays and stays illegally, marriage to a U.S. Citizen and filing the proper paperwork will put her back into legal status. So it really is not a big deal. The reason she needs more time is that to be able to file the divorce here, where she is now living, she will most likely have to be there for 6 months or more for the local family courts to have jurisdiction over her case. When that happens, she can file for the divorce and that could take 1 to 6 months or so. After the divorce is completed, then you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later she should get a Residency status (green card).

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

Expert:  Guillermo Senmartin replied 2 years ago.
Hello Todd. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. It is very important that you rate positively as it is the only way that I get compensated for my answer to you since I am not given a salary to be here. Thank you!

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