help please
Mar 12th 2004, 8:21 am
#1
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help please
Hello everyone, I have been in the US for nearly 2 years I came in april 2002 on a 12 month B1 tourist visa, I applied a few weeks before it expired for a furthur 12 months, I was granted 6 months which expired in october 15th 2002, so I applied for the other 6 months. I got a letter from INS stating I could no longer prove I was mearly a tourist and therefore denied my extension and my 1-94 was returned, and dated 2nd March 2004, so in affect I am now illigal, during my time here in the USA I met and fell in love with an american citizen, in the ideal situation we would have married as we are soulmates, but alas she is not divorced , and I am seperated from my Irish wife, and cannot under Irish law divorce for 5 years (been seperated for 2)....I have learned I may be able to divorce here in NC as I have been a residant for more than 6 months, and am currently seeking a divorce, with my hearing possibly taking plave april 5th, my partner is also closing in on her divorce...so my question is (finally) if we are divorced and re marry, even though I am out of status, can we file for a change of status, I will not leave the USA for fear of never being able to come back, and cannot be away from her
thanks in advance
thanks in advance
Mar 12th 2004, 8:25 am
#2
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Joined: Oct 2002
Posts: 1,228
Re: help please
How are you supporting yourself in the US right now? This is an important question.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
Originally posted by starrise
Hello everyone, I have been in the US for nearly 2 years I came in april 2002 on a 12 month B1 tourist visa, I applied a few weeks before it expired for a furthur 12 months, I was granted 6 months which expired in october 15th 2002, so I applied for the other 6 months. I got a letter from INS stating I could no longer prove I was mearly a tourist and therefore denied my extension and my 1-94 was returned, and dated 2nd March 2004, so in affect I am now illigal, during my time here in the USA I met and fell in love with an american citizen, in the ideal situation we would have married as we are soulmates, but alas she is not divorced , and I am seperated from my Irish wife, and cannot under Irish law divorce for 5 years (been seperated for 2)....I have learned I may be able to divorce here in NC as I have been a residant for more than 6 months, and am currently seeking a divorce, with my hearing possibly taking plave april 5th, my partner is also closing in on her divorce...so my question is (finally) if we are divorced and re marry, even though I am out of status, can we file for a change of status, I will not leave the USA for fear of never being able to come back, and cannot be away from her
thanks in advance
Hello everyone, I have been in the US for nearly 2 years I came in april 2002 on a 12 month B1 tourist visa, I applied a few weeks before it expired for a furthur 12 months, I was granted 6 months which expired in october 15th 2002, so I applied for the other 6 months. I got a letter from INS stating I could no longer prove I was mearly a tourist and therefore denied my extension and my 1-94 was returned, and dated 2nd March 2004, so in affect I am now illigal, during my time here in the USA I met and fell in love with an american citizen, in the ideal situation we would have married as we are soulmates, but alas she is not divorced , and I am seperated from my Irish wife, and cannot under Irish law divorce for 5 years (been seperated for 2)....I have learned I may be able to divorce here in NC as I have been a residant for more than 6 months, and am currently seeking a divorce, with my hearing possibly taking plave april 5th, my partner is also closing in on her divorce...so my question is (finally) if we are divorced and re marry, even though I am out of status, can we file for a change of status, I will not leave the USA for fear of never being able to come back, and cannot be away from her
thanks in advance
Mar 12th 2004, 8:31 am
#3
Joined: Mar 2003
Posts: 68,280
Re: help please
Originally posted by DCMark
How are you supporting yourself in the US right now? This is an important question.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
How are you supporting yourself in the US right now? This is an important question.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
Mar 12th 2004, 8:36 am
#4
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Re: help please
Originally posted by DCMark
How are you supporting yourself in the US right now? This is an important question.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
How are you supporting yourself in the US right now? This is an important question.
You may have to 'be away from her' at some point. Right now the clock just started ticking on your overstay.
Mar 12th 2004, 8:37 am
#5
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Joined: Jul 2003
Posts: 9,476
Re: help please
Originally posted by starrise
Hello everyone, I have been in the US for nearly 2 years I came in april 2002 on a 12 month B1 tourist visa, I applied a few weeks before it expired for a furthur 12 months, I was granted 6 months which expired in october 15th 2002, so I applied for the other 6 months. I got a letter from INS stating I could no longer prove I was mearly a tourist and therefore denied my extension and my 1-94 was returned, and dated 2nd March 2004, so in affect I am now illigal, during my time here in the USA I met and fell in love with an american citizen, in the ideal situation we would have married as we are soulmates, but alas she is not divorced , and I am seperated from my Irish wife, and cannot under Irish law divorce for 5 years (been seperated for 2)....I have learned I may be able to divorce here in NC as I have been a residant for more than 6 months, and am currently seeking a divorce, with my hearing possibly taking plave april 5th, my partner is also closing in on her divorce...so my question is (finally) if we are divorced and re marry, even though I am out of status, can we file for a change of status, I will not leave the USA for fear of never being able to come back, and cannot be away from her
thanks in advance
Hello everyone, I have been in the US for nearly 2 years I came in april 2002 on a 12 month B1 tourist visa, I applied a few weeks before it expired for a furthur 12 months, I was granted 6 months which expired in october 15th 2002, so I applied for the other 6 months. I got a letter from INS stating I could no longer prove I was mearly a tourist and therefore denied my extension and my 1-94 was returned, and dated 2nd March 2004, so in affect I am now illigal, during my time here in the USA I met and fell in love with an american citizen, in the ideal situation we would have married as we are soulmates, but alas she is not divorced , and I am seperated from my Irish wife, and cannot under Irish law divorce for 5 years (been seperated for 2)....I have learned I may be able to divorce here in NC as I have been a residant for more than 6 months, and am currently seeking a divorce, with my hearing possibly taking plave april 5th, my partner is also closing in on her divorce...so my question is (finally) if we are divorced and re marry, even though I am out of status, can we file for a change of status, I will not leave the USA for fear of never being able to come back, and cannot be away from her
thanks in advance
I am sorry to second Ray but you are not a resident, you are just a tourist.
How long does it take to get a divorce? If the OP waits until he gets it.. and then get married, will this be a bad idea??
Mar 12th 2004, 8:44 am
#6
Joined: Mar 2003
Posts: 68,280
Re: help please
Originally posted by starrise
I have been living off my own funds, am am not working iligally....also yes I am a tourist but have resided here more than 6 months, and I spoke to a NC lawyer and sais I qualify as a residant
I have been living off my own funds, am am not working iligally....also yes I am a tourist but have resided here more than 6 months, and I spoke to a NC lawyer and sais I qualify as a residant
Mar 12th 2004, 8:46 am
#7
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Re: help please
Originally posted by starrise
I have been living off my own funds, am am not working iligally....also yes I am a tourist but have resided here more than 6 months, and I spoke to a NC lawyer and sais I qualify as a residant
I have been living off my own funds, am am not working iligally....also yes I am a tourist but have resided here more than 6 months, and I spoke to a NC lawyer and sais I qualify as a residant
When on a tourist visa, the months do NOT tick on your favor to become a resident.
Sorry!!
Mar 12th 2004, 8:50 am
#8
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Re: help please
Originally posted by Hypertweeky
When on a tourist visa, the months do NOT tick on your favor to become a resident.
Sorry!!
When on a tourist visa, the months do NOT tick on your favor to become a resident.
Sorry!!
Mar 12th 2004, 8:51 am
#9
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Re: help please
Originally posted by starrise
the wording is I am domicled here, thats the legal term, and so far my divorce lawyer who is preparing my case has not told me I cannot use NC law to get my divorce, and non american citizens can apply
the wording is I am domicled here, thats the legal term, and so far my divorce lawyer who is preparing my case has not told me I cannot use NC law to get my divorce, and non american citizens can apply
Mar 12th 2004, 8:54 am
#10
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Re: help please
Originally posted by Hypertweeky
I think you are so wrong but oh well good Luck
I think you are so wrong but oh well good Luck
Mar 12th 2004, 8:58 am
#11
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Re: help please
Originally posted by starrise
thanks anyway, and as for her leaving she has 2 small kids, otherwise I would bring her to UK, its so much easier there
thanks anyway, and as for her leaving she has 2 small kids, otherwise I would bring her to UK, its so much easier there
Take care and good luck!
If You have anymore questions don't hesitate to ask
Mar 12th 2004, 8:59 am
#12
Joined: Mar 2003
Posts: 68,280
Re: help please
Originally posted by starrise
the wording is I am domicled here, thats the legal term, and so far my divorce lawyer who is preparing my case has not told me I cannot use NC law to get my divorce, and non american citizens can apply
the wording is I am domicled here, thats the legal term, and so far my divorce lawyer who is preparing my case has not told me I cannot use NC law to get my divorce, and non american citizens can apply
Mar 12th 2004, 9:01 am
#13
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Re: help please
Originally posted by Hypertweeky
Starrise, I know what you are going thru.. been there done that. Our advice isn't wrong, I think you guys need to talk and decide what's the best for both of you. She could always move with you to the UK with her kids, Live there for 6-7 months and apply for DCF, It is the fastest and the only way you won't be separated, but it is all up to you
Take care and good luck!
If You have anymore questions don't hesitate to ask
Starrise, I know what you are going thru.. been there done that. Our advice isn't wrong, I think you guys need to talk and decide what's the best for both of you. She could always move with you to the UK with her kids, Live there for 6-7 months and apply for DCF, It is the fastest and the only way you won't be separated, but it is all up to you
Take care and good luck!
If You have anymore questions don't hesitate to ask
Mar 12th 2004, 9:03 am
#14
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Re: help please
Originally posted by starrise
ok and thanks again, she has joint custody of her kids, so no way will her ex allow them to leave america, I guess I will hope things work out, I have 180 days before I am totally shot regarding bans
ok and thanks again, she has joint custody of her kids, so no way will her ex allow them to leave america, I guess I will hope things work out, I have 180 days before I am totally shot regarding bans
I am sorry she does not have fully custody of her kids
I agree with Ray, You need to contact an immigration lawyer quickly.
Good Luck!
Mar 12th 2004, 9:05 am
#15
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Re: help please
Originally posted by ray6
Your domicile would usually be classed as your permanent place of living...if you already have the answers we cannot help you ... But be assured USCIS had refused your extra time then unless you leave.. it will come back to bite you in the future....believe me Divorce lawyer know shit about Immigration.. Your best bet might be to contact an Immigration lawyer very quickly...
Your domicile would usually be classed as your permanent place of living...if you already have the answers we cannot help you ... But be assured USCIS had refused your extra time then unless you leave.. it will come back to bite you in the future....believe me Divorce lawyer know shit about Immigration.. Your best bet might be to contact an Immigration lawyer very quickly...
