What can I do?

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Jul 3rd 2013, 1:50 am

#16

Michael

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Re: What can I do?

When you apply for an adjustment of status, you normally would also apply for an Employment Authorization Document (EAD) which is usually granted within 60-90 days of the application allowing you to work legally. The EAD is usually valid for up to one year or until your case is adjudicated (may possibly take a year or more) either in favor or denial which ever occurs first.

Last edited by Michael; Jul 3rd 2013 at 1:53 am.

Jul 3rd 2013, 1:53 am

#17

AmerLisa

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Re: What can I do?

Quote:

Originally Posted by zaphod1066

Oh yeah, it was the visa waiver thing.

Yeah, I was thinking about getting in touch with an attorney once my settlement comes through, so we'll prolly do ahead with that... I was just kinda hoping they'd be another avenue I could take that didn't involve throwing a bunch of money at an attorney

What kind of settlement are you talking about?

Jul 3rd 2013, 1:57 am

#18

Duncan Roberts

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Re: What can I do?

Quote:

Originally Posted by Michael

Normally if an adjustment of status is granted, overstays and working illegally are forgiven. Based on that, the chance of remaining in the US without a ban may not be as low as it may at first seem.

True, but it would appear that the OP has no basis to adjust status since it would appear that the marriage is now non-existent.

Jul 3rd 2013, 2:04 am

#19

Michael

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Re: What can I do?

Quote:

Originally Posted by Duncan Roberts

True, but it would appear that the OP has no basis to adjust status since it would appear that the marriage is now non-existent.

That is one of the reasons he needs to see a lawyer to determine if that is the case. He apparently is currently not separated or divorced so that is in his favor. Just because they don't currently like each other, that does not usually mean they are not married.

Last edited by Michael; Jul 3rd 2013 at 2:10 am.

Jul 3rd 2013, 3:12 am

#20

zaphod1066

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Re: What can I do?

Quote:

Originally Posted by Noorah101

I don't know how your relationship is with her right now, but keep in mind that adjusing status (AOS) takes two people...you and her. There are forms she needs to fill out, and forms that you need to fill out. She will need to fill out an I-864 affidavit of support, which she might not want to do (seeing as it binds her to you for a good long while...divorce does not relieve her of her obligations). If she was reluctant to spend the money to do your AOS 5 years ago, do you think she'd be willing to now? Although I guess you can use your settlement money to pay all the fees. And,she will need to attend an in-person AOS interview with you, when the time comes. If you are in an awkward relationship, she might not cooperate.

You need to find out what form was filed all those years ago, and what the result was. If it was just ONE form, after you got married, I'm guessing it was an I-130 petition. But then I guess no one ever followed up on going through with the immigrant visa process...that's a shame.

Rene

Our relationship is fine on the surface, we're still living together, talking, all the usual stuff, but I know in my heart of hearts she's lied too often, along with breaking every promise she's ever made me. I want to spend the rest of my life with this woman like I want a hole in the head.

I always totally expected to pay the fee's/etc with my settlement (once the accident happened), I don't foresee any issues getting her to co-operate otherwise, it was always just a money thing from her end ("waste" all that drug/gambling money?! God forbid!), OTOH I didn't foresee 5 years of poverty and heartbreak when I left England so what do I know...

I-130 sounds about right, I've even got a copy filled out on my hard drive here... I'll look for the hard copy & reply in out filing system when she's out. I think there's even half the next form filled out around here somewhere, I kinda lost any drive to do it once I figured out we were never gonna be able to afford the grand filing fee for it. ... Eh, technically we could have afforded it I guess, it's just she didn't want too... (I even paid for the I-130 myself from the pittance I managed to scrape together doing this and that)

Quote:

Originally Posted by AmerLisa

What kind of settlement are you talking about?

The car accident I mentioned in the OP. I'm still not sure what I'm gonna get out of when it's all said and done tbh, the only thing I know is the attorney rejected the insurance co's first offer without even asking me!

Quote:

Originally Posted by Michael

If the adjustment of status is granted, you can file for divorce the next day since you will have an unconditional green card since you have been married more than 2 years.

Best news I've heard in years! lol <sigh> ... It's funny cuz it's true...

edit

Oh, the EAD Michael mentioned, whatever attorney we end up using would be able to help us with that I take it? Does it cost much?

Last edited by zaphod1066; Jul 3rd 2013 at 3:22 am.

Jul 3rd 2013, 3:19 am

#21

Pulaski

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Re: What can I do?

Quote:

Originally Posted by zaphod1066

..... The car accident I mentioned in the OP. I'm still not sure what I'm gonna get out of when it's all said and done tbh, the only thing I know is the attorney rejected the insurance co's first offer without even asking me!

Best news I've heard in years! lol <sigh> ... It's funny cuz it's true...

Good luck, and please keep us posted!

Last edited by Pulaski; Jul 3rd 2013 at 3:22 am.

Jul 3rd 2013, 4:12 am

#22

zaphod1066

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Re: What can I do?

Quote:

Originally Posted by Pulaski

Good luck, and please keep us posted!

Will do, I don't know how much longer the attorney & insurance co are gonna be fighting over it, hopefully it'll be soon as the accident was back in december.

Thanks to you and everyone who replied, despite the fact I've pretty much gotta stay with this CFB in the short term, and my chances of getting a favourable AOS are... questionable at best it seems, I'm not quite as down as I was earlier.

Anyone have any attorney recommendations in Tacoma, WA?

Jul 3rd 2013, 4:40 am

#23

AmerLisa

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Re: What can I do?

Quote:

Originally Posted by zaphod1066

Aren't you a bit worried to be dealing with legalities (a possible court case) and you're an illegal alien? Or am I missing something?

Jul 3rd 2013, 4:53 am

#24

zaphod1066

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Re: What can I do?

Quote:

Originally Posted by AmerLisa

Aren't you a bit worried to be dealing with legalities (a possible court case) and you're an illegal alien? Or am I missing something?

Yeah I was concerned myself, which is one of the reasons I went with an attorney (so I didn't have to deal with the insurance co & questions about my legality) but I spoke to them back before they took the case on & they said it wasn't an issue. Whether they say the same thing if it should actually require going to court/trial, which is unlikely but still possible, I'm not so sure...

With everything else that's been going on this is one issue I've not been thinking about too much tbh.

Last edited by zaphod1066; Jul 3rd 2013 at 4:55 am.

Jul 3rd 2013, 5:46 am

#25

scrubbedexpat099

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Re: What can I do?

Some people can DIY some can not. I think we can safely say the latter in this case.

If you want to stay here then you need to file to adjust status, from what you have posted I see no issues.

Otherwise VAWA seems more obvious, but you will need some evidence.

Quite why you have stayed so longer, well...

Jul 3rd 2013, 6:28 am

#26

agentred

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Re: What can I do?

Quote:

Originally Posted by zaphod1066

So... much to my dismay it turns out I'm one of those stupid schmucks who leaves England behind for an American woman only to find out, once all my money was gone of course, that she's a kinda psycho, drugged up, f***ed up, gambling addicted lying bee-atch.

Quote:

Originally Posted by zaphod1066

The reason we never made any progress with getting my legal status after we got married is, she'd rather throw her money (and she made it very clear on more than one occasion, it's her money) away at the local casino than do ...well, anything basically.

Quote:

Originally Posted by zaphod1066

I always totally expected to pay the fee's/etc with my settlement (once the accident happened), I don't foresee any issues getting her to co-operate otherwise, it was always just a money thing from her end ("waste" all that drug/gambling money?! God forbid!)

Err, this is probably irrelevant, but after wading through all that casual misogyny I'm wondering why all of this is her fault for not spending her money on dealing with your problems.

What about earning your own money? What would you have done if the accident settlement hadn't happened? Didn't you consider for one instant the citizenship issue before overstaying your visa?! It's good that you're taking steps towards adjusting status today, but where's your head been for the past four and a half years??

Jul 3rd 2013, 3:18 pm

#27

Lbjen

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Re: What can I do?

Are you even going to be able to get the settlement without a SSN? Do you even have a bank account in your name? Because if she's getting anywhere near the check I wouldn't expect to see any of it.

Jul 3rd 2013, 3:25 pm

#28

AmerLisa

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Re: What can I do?

Quote:

Originally Posted by Lbjen

Are you even going to be able to get the settlement without a SSN? Do you even have a bank account in your name? Because if she's getting anywhere near the check I wouldn't expect to see any of it.

That would be another thought...

Jul 3rd 2013, 3:28 pm

#29

Michael

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Re: What can I do?

I don't know if you considered that your wife will have be your sponsor filing out an "Affidavit of Support" and have income of at least 125% for a family of two of the poverty level (currently $19,388) or 3x that amount in liquid assets. If she doesn't have that income or assets, you can get a joint sponsor which can be any US citizen or LPR over the age of 18 that qualifies.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD