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New Member
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Jul 28, 2008, 04:56 PM
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Divroce before immigration interview
I have been living in the USA for the past 8 years legally, as a dependent on my fathers E-2 visa. I turned 21 and I had to get a visa on my own, I was going to apply for a f-1 visa and my girlfriend later wife wanted to get married and when we did we applied for my immigration. Several months into our marriage and after my immgration papers had been filed she comes out of her closet and moved out and is living with a lesbien partner. I have been abandonded and due to her my relationship with my father has been ruined. I need advice because I am still receiving documents from INS about my immigration. We did file our taxs together. I still love her- and I still live at her grandmothers house. Our marriage was a good faith marriage, and my divorce has become finalized and I need to get myself a status is there anything I can do a waiver or anything that my ex-wife got married to me because we loved each other and now she is with a women. And my visa has been expired since. I have gone for my Bio-matric and I assume my interview date should be in the mail any day now. I have our marriage ceremony picture and most of the proff that this marriage was in good faith. Hec I did not even want to get married at 21 I was going to apply for a student visa when I was on a validf e -2, she really played with my emotions and use and emotional abused me as well. I am ranting right now I need help in building a case and hiring an attorny once I know there is something I can do. I want to go to an attorny knowing what my options are. I know there is some law which applies to me. I just don't know what it is any help, suggestions? Please do let me know.
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Immigration Expert
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Jul 28, 2008, 05:29 PM
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There are a lot of things that sound ambiguous to me...
Did your father become permanent resident? If yes, when.. at that time, what's your age?
Did you file immigration papers based on marriage to US citizen (your wife)?
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New Member
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Jul 29, 2008, 10:36 AM
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There are a lot of things that sound ambiguous to me...
Did your father become permanent resident? If yes, when.. at that time, what's your age?
Did you file immigration papers based on marriage to US citizen (your wife)?
I understand that my concern was ambiguous I'm in the process of building my case and I will soon post a revised copy stating my concern. My father may be still on an E-2 visa I do not know if he has applied for his green card yet but it may be possible that he has. (He does not want anything to do with me after what my wife did and he feels I disrespected him I was in love with her and I stood up for myself regarding certain family matters. And now she does this to me. I'm still 21 going on 22 next month. I was going to file for petition to change my statues to an F-1 Visa and my wife recommended that I just apply for my immigration. So yes it was based on marriage to US born citizen. Little I new that she was confused about her sexuality and did not love me the way I loved her and is now emotionaly abusing me every way possible, by threatening that she will call the cops on me yad yad,. She emotionally threatened me throughout our marriage.
What I want to know is if there is anything I can do to get myself a status based on good faith marriage. I have all the proff to prove that it was.
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Immigration Expert
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Jul 29, 2008, 12:36 PM
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The reason I asked about your father's status is.. you're probably a permanent resident and you just don't know. IF your father became permanent resident before you reached the age of 16, you automatically became a permanent resident.
Regarding the petition filed based on marriage to US citizen, if there is no physical abuse or domestic violence case filed, you don't have enough to build a case from your wife's petition.. simply you didn't get along... just get divorce and move on.
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New Member
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Jul 29, 2008, 02:53 PM
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 Originally Posted by lawanwadee
The reason I asked about your father's status is.. you're probably a permanent resident and you just don't know. IF your father became permanent resident before you reached the age of 16, you automatically became a permanent resident.
Regarding the petition filed based on marriage to US citizen, if there is no physical abuse or domestic violence case filed, you don't have enough to build a case from your wife's petition.. simply you didn't get along... just get divorce and move on.
I'm out of status, march 07 I got married while I was still in my deritive e-2 visa July I filed for my immigration, aug 7th 07 my e-2 visa expired, and now we are divorced given the situation above. I was in status when I got married and it expired when I was married and several months laters after papers had been filed we split,? Could I still get a visa anything to get myself a status?
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Immigration Expert
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Jul 29, 2008, 03:07 PM
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 Originally Posted by hyder
I'm out of status, march 07 i got married while i was still in my deritive e-2 visa july i filed for my immigration, aug 7th 07 my e-2 visa expired, and now we are divorced given the situation above. i was in status when i got married and it expired when i was married and several months laters after papers had been filed we split,??????? could i still get a visa anything to get myself a status?
You don't get it...
First... find out if your father is now a permanent resident or not, if he is.. then find out when did he become permanent resident. If he obtained his green card before you reached the age of 16, you are a permanent resident.
Second, if he became permanent resident after you're 16, he can file a petition for you. This process will not take long.
Forget about the issue with your wife and immigration papers. Divorce her and move on. Once the marriage is terminated, your application is automatically canceled. You are already out of status (if all the above does not apply to you). Don't try to apply for other visa because you are sending red flag to immigration... telling them where you locate. ICE will be knocking on your door in less than 6 months.
Don't be stubborn... talk to your father and find out if you want to stay legally in US. Your only choice to stay in US his to get help from him.
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