Immigration Site

My girlfriend is Russian and Im a U.S. Citizen. We are both in the middle of getting divorces. She was applying for family based green-card via her husband (I-485). That was denied SOLELY because she filed before the priority date. The priority date became current while waiting for the denial letter.

She had a F-1 visa and just got her Optional Practical Training approved after completing her education. However, in the denial letter it says that they revoked this as well.

She was abused by her husband, so she is considering filing VAWA (any suggestions for doing this would be helpful). What are her options? Could she just file a motion to reopen since the priority date is now current (and how would we do that)? The denial said there is no appeal. Also, why would they revoke her OPT just because of the green-card application being denied? What does she need to do to get her OPT back?

Now for the odd part. Ive proposed to her. Assuming the MTR or VAWA dont work, how could she stay here while getting a divorce so that we can marry? What visas would she need during all the different stages of this process?

I know there are a lot of questions here, please answer all of them as they are all important to her and I. Thank you.

You are both committing adultery. This could be an issue in your divorces if your current spouses want to pursue that. Any planning you try to do based on your marriage to her is premature. Your divorces could take a l-o-n-g time. It sounds like the VAWA is part of a scam due to the other "issues" she has.

SHE needs to consult with an immigration attorney about her OPT situation; while she is there, she can review her other option.

Are you sure you are not just plan B for remaining in the US and will be divorce #2 once she gets LPR? Be careful; you may be VAWA candidate #2. A woman (or man) who would become involved prior to being divorced has a lot of potential problems hanging over her/his head.

If you dont have sex, you cant commit adultery - so please leave your judgmental attitude out of it and just answer the questions or dont post.

Is her husband a US citizen? Since you mentioned her eligibility for VAWA, and since you mentioned shes applying for I485based on her husband, ill assume he is.

For spouses of US citizens, theres no such thing as "priority dates". Theres no waiting period for I-130s immigrant visa availability, thus the I485 and I130 are submitted together ONLY when married to a USC. So, you might wanna know the real reason behind your girlfriends I-485 denial. In most cases, it is denied because Immigration sensed fraud or the US citizen spouse withdrew his I-130 petition for her.

The OPT was revoked because it was based on F1, a non-immigrant status. Her application for a greencard (i-485) expressed immigrant intent. Thus, shes no longer eligible to go back and express non-immigrant intent, as it will be VERY difficult to convince immigration that shell leave anytime soon.

She will not be eligible for VAWA if shes been out of status for more than 6 months. If shes eligible for VAWA, this requires petition I-360. But she must supply very, very good evidence of abuse (immigration calls VAWA as "to use the abuse excuse") because what may seem as abuse for her may not seem so for immigration.

If you decide to sponsor her, obviously shell need to apply from scratch for adjustment of status. I can almost guarantee you and your wife will be GRILLED during the interview, especially for the these reasons;
1. Shes a russian national (they have a long history of marriage fraud cases)
2. She tried to apply for a green card when her F1 status was almost over (OPT and such)
3 She previously tried to apply for a greencard through someone (whom I presume, and I hope Im wrong) accused her of immigration fraud, consequently leading for her I-485 to be denied
4. Shes getting married to ANOTHER USC (you, that is) right after her 1st green card application was denied. Its just gonna seem shes trying as much as possible to stay in the US.

Do you see why my friend "Concerned4us" came to such judgement about your girlfriends intention? Trust me, we come across ALOT of cases similar to yours on this forum as well as others, so this is only for your own sake. However, I thoroughly went through the options that you proposed and I hope this helps you. Please keep in mind that none of us are immigration attorneys, so act accordingly.