Eugene Wilkinson

Hello. I came here in January of 2001 on a B-2 tourist visa to visit a female friend
of mine who lives in the USA. I never intended it to happen, but we fell in love and
well 2 and a half months later we got married. We then filed INS paperwork for me to
get my green card as she had no intention of leaving the USA and wanted me to stay
here. I wanted to stay here as well. Things went fine, I got my first EAD and have
been working in status for about a month or so. Yes folks, the marriage is/was a
genuine one. But......

Then all of a sudden she changes her mind and wants a divorce from me.

A couple questions:

1. Can I divorce her, withdraw the petition and marry another US Citizen? What effect
will it have on my green card?

2. If I divorce her and a 245(i) extension is passed, will my employer be able to
sponsor me? My employer would be willing to do that for me as I am a good worker.

3. If I divorce her and return home, will I ever be able to go back to the USA? On
some other sort of visa like an H1-B?

4. If we remain married just for the green card and my AOS is denied, what I can do
from there? What is the chance of it being denied? This is a last resort cause I
hear the penalties for visa fraud are high.

A response would be appreciated greatly as I have to know what to do ASAP.

Onigiri

First try to read the appropriate segements in the page Doc Steen's Marriage Visa
Information Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm

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Can you provide documentary proof for having asked her to go "home" with you ? This
could be important in the AoS proceedings.

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Yes, yes, yes. None. If you had invested in internet stocks and you are now covered
only in my underwear (after losing my shirt), why would I trust this new broker with
a buy recommendation ?

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Yes.

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Yes. Yes. Make sure you have the I-485 withdrawn so that you may answer a
non-immigrant visa application question (wrt pending immigration petition)
truthfully.

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Only you can decide what you can do from anywhere. Your chances are pretty good to
none. Get an attorney so that you may stay here, work and recoup the fees - or go
home, work and recoup the fees.

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Get legal help.

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Michael Voight

Eugene Wilkinson wrote:
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Probably not a good one. Are you saying marrying twice in the same year after
entering on a B-2?? Do you not think this will lead INS to think you only got married
to stay in the US?

You need an immigration lawyer...

Michael

Alvena Ferreira

Eugene Wilkinson wrote:
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You would have to file for adjustment of status all over again and start from scratch
if you go this route, but it is doable. If you can show evidence that the original
marriage was genuine and that it was HER idea for the divorce, I think you would have
a reasonable chance for the adjustment the second time, presuming that you have no
other adverse factors in your case.

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No, simply because the 245i extension will require that you would have had to have
been in the US as of 12/20/00, which you were not. (that is how the original 245i was
structured and I presume that this one will be the same).

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The H1B visa is dual-intent, and I do not see a divorce and your return to your home
country causing any problems, presuming that you do not allow yourself to become over
179 days out of status, which would make you subject to a 3-year ban from the US.

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You can appeal if you are denied, however it is not wise to try an adjustment unless
it is a bona fide marriage, as the INS will be likely to scrutinize your second
adjustment application very closely and demand copious evidence of the relationship/
marriage. You should have an attorney if you decide to try this, IMHO.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Information
Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm

Eugene Wilkinson

Thanks for all your responses. Seems as though I am screwed.

*sigh* oh well

Barbie

I'm not an expert and this is not a legal advice. I would like somebody to eventualy
cover me for this what I'm about to say or maybe dissagree with me but... Shouldn't
you be able to just write a letter to INS and maybe try to explain your story and
maybe at least get some kind of a waiver or something??

Olich

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Alvena Ferreira

Barbie wrote:
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If he had been in the US longer he *might* have a case. the thing is, he would have
to prove either spousal abuse or hardship. Hardship has some special things that he
might be able to show if he had been here longer, but alas, I don't think he's got
enough time accrued or special circumstances to even merit a case at this point. the
thing is, without either one of those two situations, he would have to have a sponsor
for his immigration. If he has a H1 skill and could qualify, he could change to h1
status, but he would have to have an employer in order to do that.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages:
http://pages.prodigy.net/alixtcat/immigrat.htm Doc Steen's Marriage Visa Information
Pages: http://www.mindspring.com/~docsteen/...o/visainfo.htm