Tweet
After divorce dependent spouse plans to get U-visa. Can she stay in the US and work?
Hi,
I?m in the US on an O-1A visa and about to file I-485. My ex-wife was here as a dependent on an O-3, but we are now divorced. She did not apply for any visa before the divorce was finalised.
To my understanding, she is now out-of-status and ought to leave the US within 60 days of the date of divorce.
She, however, told me she intends to file for a U-visa (based on a previous arrest, where I was never charged and which is past the statute of limitation). The way she puts it, she?ll now file for a U-visa and, while the application is pending, she?ll look for a job and get an O-1A of her own (she does have the qualifications for O-1A). Based on her representation that she?ll stay in the US and look for a job, the divorce judge left alimony at a very high level?with the idea that it won?t be for long.
Furthermore, I know that U-visa processing currently takes 3.5+ years and that you don?t get a work permit while the U-visa is pending.
Now I?m trying to figure out for myself if she actually has the option she claims she does, or if she hasn?t. We have two children (on O-3 visas) and things won?t go well financially if my ex stays in the US but without the right to work. I believe her only real options for getting a work visa are O-1A, H-1B and marriage. It doesn?t appear that she?ll be marrying anyone anytime soon and an H-1B would only let her work from October next year, if she gets it in the lottery (the application deadline for this year having passed).
So here are my questions.
1. Can she apply for a U-visa (or any visa for that matter) from within the US, now that she?s out-of-status?
2. If she can apply for a U-visa, will she be able to consequently file a new visa application for an O-1A, while the U-visa is pending?
3. How will her ability to obtain a work visa be impacted if she overstays the 60 days from the date of divorce without obtaining a legal status?
I?ve had a really hard time finding out reliable answers to my questions above and would appreciate any help! The matter is fairly urgent, as the answers could affect the post-divorce proceedings in family court.
Cheers,
Ventzi
I?m in the US on an O-1A visa and about to file I-485. My ex-wife was here as a dependent on an O-3, but we are now divorced. She did not apply for any visa before the divorce was finalised.
To my understanding, she is now out-of-status and ought to leave the US within 60 days of the date of divorce.
She, however, told me she intends to file for a U-visa (based on a previous arrest, where I was never charged and which is past the statute of limitation). The way she puts it, she?ll now file for a U-visa and, while the application is pending, she?ll look for a job and get an O-1A of her own (she does have the qualifications for O-1A). Based on her representation that she?ll stay in the US and look for a job, the divorce judge left alimony at a very high level?with the idea that it won?t be for long.
Furthermore, I know that U-visa processing currently takes 3.5+ years and that you don?t get a work permit while the U-visa is pending.
Now I?m trying to figure out for myself if she actually has the option she claims she does, or if she hasn?t. We have two children (on O-3 visas) and things won?t go well financially if my ex stays in the US but without the right to work. I believe her only real options for getting a work visa are O-1A, H-1B and marriage. It doesn?t appear that she?ll be marrying anyone anytime soon and an H-1B would only let her work from October next year, if she gets it in the lottery (the application deadline for this year having passed).
So here are my questions.
1. Can she apply for a U-visa (or any visa for that matter) from within the US, now that she?s out-of-status?
2. If she can apply for a U-visa, will she be able to consequently file a new visa application for an O-1A, while the U-visa is pending?
3. How will her ability to obtain a work visa be impacted if she overstays the 60 days from the date of divorce without obtaining a legal status?
I?ve had a really hard time finding out reliable answers to my questions above and would appreciate any help! The matter is fairly urgent, as the answers could affect the post-divorce proceedings in family court.
Cheers,
Ventzi
Comment