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

[Summit2017]

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?

 

[CTU]

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?

Your "Friend" needs to consult with an attorney. Her timeline is at least suspicious enough to trigger a few raised eyebrows.

 

[Summit2017]

That is the intent. The forum post is to help improve intelligence during a discussion with a lawyer. Any suppositions and advice would be helpful.

 

[CTU]

That is the intent. The forum post is to help improve intelligence during a discussion with a lawyer. Any suppositions and advice would be helpful.

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