Married 3 years and no papers ???
Sep 22nd 2006, 4:17 pm
#1
Guest
Posts: n/a
Married 3 years and no papers ???
Hi ! Please help ! I've been here for the past 7 1/2 years and been
married to an american for the past 3 years and now she is insisting on
a divorce. She has been premiscous in the past and has neglected her
spousal responsibilities and has been making false promises about
helping me. In the process, I've lost monetary funds and still have not
obtained any help to adjust my status. Can anyone help or direct me to
someone who can ?? Thank you.
--
married to an american for the past 3 years and now she is insisting on
a divorce. She has been premiscous in the past and has neglected her
spousal responsibilities and has been making false promises about
helping me. In the process, I've lost monetary funds and still have not
obtained any help to adjust my status. Can anyone help or direct me to
someone who can ?? Thank you.
--
Sep 23rd 2006, 3:39 am
#2
Guest
Posts: n/a
Re: Married 3 years and no papers ???
nashrambler wrote:
> Hi ! Please help ! I've been here for the past 7 1/2 years and been
> married to an american for the past 3 years and now she is insisting on
> a divorce. She has been premiscous in the past and has neglected her
> spousal responsibilities and has been making false promises about
> helping me. In the process, I've lost monetary funds and still have not
> obtained any help to adjust my status. Can anyone help or direct me to
> someone who can ?? Thank you.
>
> --
A very good lawyer.
> Hi ! Please help ! I've been here for the past 7 1/2 years and been
> married to an american for the past 3 years and now she is insisting on
> a divorce. She has been premiscous in the past and has neglected her
> spousal responsibilities and has been making false promises about
> helping me. In the process, I've lost monetary funds and still have not
> obtained any help to adjust my status. Can anyone help or direct me to
> someone who can ?? Thank you.
>
> --
A very good lawyer.
Oct 1st 2006, 9:43 am
#3
Guest
Posts: n/a
Re: Married 3 years and no papers ???
I am curious as to why YOU didn't take the initative to file for the
AOS petition shortly after you got married.You could have filled out
the various forms(I-130, I-485, I-864, G325, etc.)yourself and just had
your spouse sign the forms. The forms aren't all that complex. Since
you have not filed for AOS, technically you have NO legal status. I
suggest you file the AOS petition now even if you think your marriage
is going to fall apart. Once you file for AOS, your status changes from
out-of-status to pending AOS approval. You should apply for a
conditional employment authorization card as soon as possible.You use
this conditional employment card to find a employer who has hired
foreigner workers for H1B visa. You tell the employer you have
conditional employment authorization and can start working immediately,
but envision that down the road you MAY need H1B sponsorship should
your marriage fall apart.
Of course, your AOS would probably be denied as your wife would
probably not go to the interview as you two probably have spilt long
before. But this will buy you 12-18 months of status for you to
consider your other options,and maybe seek out other visa options.
Also, if you could somehow convice her to NOT file for divorce i.e.
just live seperately for the next two years without either of you
filing for divorce then you may be able to convince the Immigration
Officer at the interview by your self that you went INTO this marriage
with GOOD intentions and have been married for 5+ years, and for the
most part you were living as husband and wife, but the marriage has
fallen apart recently (as some marriages do) and you two have gone
seperate ways. The length of your marriage may save you,and depending
on the immigration officer, and the documents that you provide to
establish that you were indeed living as husband and wife for a good 3+
years, you may just pull off the impossible. But if you don't file for
AOS now, you have no chance in hell of staying here legally.
The downside of the above approach is that it, once you file, you are
on the BCIS radar screen. If and when your AOS gets denied, BCIS will
give you 30-days to leave the country and if you don't, you will be put
in deportation proceedings. At this stage you SHOULD ask for voluntary
departure from the Immigration Court (this gives you up to 120
additional days to leave the country). If you do, any 3 or 10 or
lifetime bans will be wiped out. If you don't you will be subjected to
a ban since you have been living here out of status (assuming you don't
leave within the 30-day notice).
If you don't do anything and she files for divorce, and assuming she
doesn't report you to BCIS for been an illegal alien, you would have no
status and be in this country illegally. You can never leave the
country as you will incurr a 10-year ban. There are 11 million people
in this country living illegally and you will be just another
statistic. Depending on how you 1st entered the country, and on what
visa, you could technically marry again and apply for AOS and adjust
legally without leaving the country but I would seriously consult an
immigration attorney before filing.
Marriages break down for a number of reasons, but no court is going to
grant you relief just because your spouse neglected her "spousal
responsibilities". Now if there was physical abuse and you have
documents to prove it, then you might be have some grounds for applying
for adjustment of status.
If you paid her monetary funds with the assumption that she would help
you to get a green card then that would constitute marriage fraud.
The above is not legal advice and I am not a lawyer or claim to be one.
I am just speaking from my personal experiences with the immigration
system.
'Joe'
nashrambler wrote:
> Hi ! Please help ! I've been here for the past 7 1/2 years and been
> married to an american for the past 3 years and now she is insisting on
> a divorce. She has been premiscous in the past and has neglected her
> spousal responsibilities and has been making false promises about
> helping me. In the process, I've lost monetary funds and still have not
> obtained any help to adjust my status. Can anyone help or direct me to
> someone who can ?? Thank you.
>
> --
AOS petition shortly after you got married.You could have filled out
the various forms(I-130, I-485, I-864, G325, etc.)yourself and just had
your spouse sign the forms. The forms aren't all that complex. Since
you have not filed for AOS, technically you have NO legal status. I
suggest you file the AOS petition now even if you think your marriage
is going to fall apart. Once you file for AOS, your status changes from
out-of-status to pending AOS approval. You should apply for a
conditional employment authorization card as soon as possible.You use
this conditional employment card to find a employer who has hired
foreigner workers for H1B visa. You tell the employer you have
conditional employment authorization and can start working immediately,
but envision that down the road you MAY need H1B sponsorship should
your marriage fall apart.
Of course, your AOS would probably be denied as your wife would
probably not go to the interview as you two probably have spilt long
before. But this will buy you 12-18 months of status for you to
consider your other options,and maybe seek out other visa options.
Also, if you could somehow convice her to NOT file for divorce i.e.
just live seperately for the next two years without either of you
filing for divorce then you may be able to convince the Immigration
Officer at the interview by your self that you went INTO this marriage
with GOOD intentions and have been married for 5+ years, and for the
most part you were living as husband and wife, but the marriage has
fallen apart recently (as some marriages do) and you two have gone
seperate ways. The length of your marriage may save you,and depending
on the immigration officer, and the documents that you provide to
establish that you were indeed living as husband and wife for a good 3+
years, you may just pull off the impossible. But if you don't file for
AOS now, you have no chance in hell of staying here legally.
The downside of the above approach is that it, once you file, you are
on the BCIS radar screen. If and when your AOS gets denied, BCIS will
give you 30-days to leave the country and if you don't, you will be put
in deportation proceedings. At this stage you SHOULD ask for voluntary
departure from the Immigration Court (this gives you up to 120
additional days to leave the country). If you do, any 3 or 10 or
lifetime bans will be wiped out. If you don't you will be subjected to
a ban since you have been living here out of status (assuming you don't
leave within the 30-day notice).
If you don't do anything and she files for divorce, and assuming she
doesn't report you to BCIS for been an illegal alien, you would have no
status and be in this country illegally. You can never leave the
country as you will incurr a 10-year ban. There are 11 million people
in this country living illegally and you will be just another
statistic. Depending on how you 1st entered the country, and on what
visa, you could technically marry again and apply for AOS and adjust
legally without leaving the country but I would seriously consult an
immigration attorney before filing.
Marriages break down for a number of reasons, but no court is going to
grant you relief just because your spouse neglected her "spousal
responsibilities". Now if there was physical abuse and you have
documents to prove it, then you might be have some grounds for applying
for adjustment of status.
If you paid her monetary funds with the assumption that she would help
you to get a green card then that would constitute marriage fraud.
The above is not legal advice and I am not a lawyer or claim to be one.
I am just speaking from my personal experiences with the immigration
system.
'Joe'
nashrambler wrote:
> Hi ! Please help ! I've been here for the past 7 1/2 years and been
> married to an american for the past 3 years and now she is insisting on
> a divorce. She has been premiscous in the past and has neglected her
> spousal responsibilities and has been making false promises about
> helping me. In the process, I've lost monetary funds and still have not
> obtained any help to adjust my status. Can anyone help or direct me to
> someone who can ?? Thank you.
>
> --
