Dpressed

5 years ago, I met the lady who was to become my wife.
it is my 4th anniversary next week.

I went through the usual legal route of kvisa to get here to the US and marry
the love of my life.
She had a young son I have come to love dearly as my own.
I look after him and she works in a job that earns several times anything I could earn, this arrangement is what we agreed on 4 years back and it worked fine.

When the time came to enter the US, I was overjoyed, we were married within the month and I will remember her smile beaming back at me until the day I die.

A month later I filled in the change of status forms and gave them to her for her part and for her to file.

It turns out, she never signed them or filed them!

4 years on, she tells me she doesnt love me anymore and wishes me to leave.

under normal circumstances I would go, get a job and after I get over the emotional traum begin regular visits with my (step)son.

But, as you all know now, I cannot legally work or stay bacause those papers werent filed.

Effectively Im "out of status"

I find my world collapsing before my eyes, I lose the wife I love dearly, my son who I can never see again unless he comes visiting the UK when he grows up, my home and my adopted country.


I put this post here in the faint hope that someone may know something that would brighten my dark dark week.

Thanks for reading.

Dpressed.

fatbrit

Is this a wind up?

Dpressed

Nope, its all the total truth.

My own fault for allowing myself to end up in that position, but loves like that..

You trust your loved one!

she worked as the major earner while I looked after our boy and the house.

I figured to work once he got older, the need for work permits and stuff never arose.
I do have an ss number from when I first came here, none of which will help me now.

I dont see a way out of this one, posting here was just clutching at straws I guess

fatbrit

I'm dubious. However...

You've got a 10-year ban awaiting you as soon as you leave. The only person who's possibly going to find you a way out of this is an immigration attorney, and I should think that, if it's even possible, it's going to be expensive. A consultation might be in order before you pack up and leave.

Dpressed

Pretty much as I guessed, Ill be homeless and jobless, not having worked
in the UK since 2004 my banks flat too (may even be bankrupt)

Im sunk guys, thanks for trying.

meauxna

Don't lay down like that!
You've contributed to your household over the past 5 years; she doesn't just 'get' to keep the kid, the house, the income etc.

Once you leave the US, your position becomes worse than if you are in, so if you want to salvage something from this, buck up and get busy.

The USC spouse NOT assisting with your Adjustment of Status *could* be construed as abuse. There is a method for abused spouses to be able to remain in the US and adjust status on their own. I have NO idea if this is a possibility for you, but it is not as simply cut and dried as 'she doesn't want you anymore so you must leave'.

What is it that you would like to have happen?

Dpressed

I had never even considered that angle.

Firstly, We decided to wed when I was here and I resigned my good job, then I found out I needed to leave the US to do things legally so I followed the system as hte immigration officer at INS advised me.

There I was in the UK taking short term jobs expecting to be given the ok soon (the IO told me it should be around 3 months in fact it took a year)

I soon used up all my resources getting to be here with the k visa and the uselass xray.
(Counting visits to and from the US and filing fees ect it soon ate up my surviving bank Balance)

I made "no financial contribution to the married household" I took the duty of housekeeping cooking and childcare for our boy.

I find it hard to contemplate "Saying bad things" about the mother of the son(stepson)I dote on. he has to live with her and I odnt want to be giving him anything bad to think on.

I need to give that one a lot more thought.



In answer to "What would I like to see happen"

Well obviously a return to how things were, but life doesnt "rewind" too good.

Thanks for the input meauxna, it is genuinely appreciated!

joto

You did contribute to the household, by taking care of the house and child. That in itself is worth monetary value. Count up how much a cleaning service and a nanny or daycare would have cost. Good luck and I hope things start looking up for you.

Just Jenney

My thoughts exactly. She's gotten cheap, one-on-one daycare for 5 years for her son.

I have to ask, though: Why weren't you keeping track of your own immigration status and processing? Yes, the USC spouse has to supply some supporting documentation. But weren't you curious when you didn't get any notice of receipt in the mail after a few months? That one, two, three, four and five years passed before you realized that you were never called for an interview, never got a green card in the mail, etc?

~ Jenney

ian-mstm

Since there is absolutely nothing I can say that isn't going to make you feel worse than you already do, I'm simply not going to say anything at all. You may not understand... but the regular readers do! Good luck to you.

Ian

Folinskyinla

Hi:

Don't be so quick to make assumptions. You may be OK -- however the issues are now in dispute.

californian

This means a lot coming from an Immigration Attorney. You need to see one, as soon as possible.

Tracym

I agree.

Aside from the sponsorship issue, I just stumbled across this on the USCIS website:

http://www.uscis.gov/portal/site/usc...0045f3d6a1____

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

- worked without permission,

- remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

- failed otherwise to maintain lawful status and with the proper immigration documentation, or

- have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Nothing in there sounds like you would not be eligible to adjust status, from what I can tell.

To the OP: If you want to stay, I would strongly urge you to take Mr. F's suggestion and see an attorney.

Folinskyinla

Hi:

The CIS is the last place to look for accuarate information on this issue. From 1970 to 1986 it was clear that the OP would have had no problem. In 1986, Congress passed the "Immigration Marriage Fraud Amendments" aka IMFA. Recently, CIS has been ruling because of the prior state of the law and that congress passed IMFA, they need not appove cases such as OP's. I can't explain it because I don't understand the argument of CIS -- it simply does not make any sense.

There are currently pending several cases pending before the 9th Circuit Court of Appeals on this issue and oral argument was held on two of them in early April 2008. One of the three judges on the panel appeared to be really annoyed at the Government position, the second wondered if K's would get an unfair advantage, and the third wondered "why now?" when the law was last touched in 1986.

Time will tell.

Tracym

Cripes. Silly me to believe their own website.

I still think the "see a lawyer" part is right though.

Out of curiousity, if the did allow him to adjust, what would they do about the sponsorship issue? As she has never signed one...