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missdora · Mar 1, 2009, 04:16 PM

Hello, I am US Born citizen, I have been married for 2yrs as of August 2008, My husband filed his paperwork the end of Nov. 2008. Unfortunately we do not see eye to eye and have now separated, he has made several decisions without consulting me, among other things we disagree on. I have asked him for a divorce several times and he refuses to give me a divorce. He is afraid to divorce because he was told that he would get deported because he has not received confirmation. I told him he was over reacting, and the gov. is simply behind, I recall last year the fees went up and the gov. had announced huge delays in processing, I can only guess it was due to increases in fees. I am at a loss as to what to do, even though we have parted and separated I don't wish him any harm. Could he be over reacting?

tickle · Mar 1, 2009, 04:20 PM

I have to ask the question, as I would if this was asked in Canada. Do we really need to support another body and have him take jobs that would normally go to qualified citizens.

Where does he come from ? Does he have some undesirable qualities your govt. does not want ? So leave it at that and let him fend for himself.

DCcityboy · Mar 1, 2009, 04:41 PM

Have you tried counseling? The immigration component doesn't matter at this point, since you are already in disagreement, separated and seeking a divorce.

From your information, it sounds like you have been married for 2 1/2 years and your husband only recently (late November 2008) filed for permanent residence? Have you gone to your first interview, or are you talking about the second interview, removal of conditions? The answer to your inquiry depends on this.

It can take several more months to get to the interview, that is when he would be granted the residence if it is the first interview. Unfortunately, for him, if you go to the interview and you make a misrepresentation or ommision as to the state of the marriage, then you are in violation of US immigration law and subject to civil and criminal (unlikely) penalties. In other words, you and your husband will be under oath to answer the officer truthfully. He will ask if you are living together as husband and wife and you intend to be married to have a shared life together. You will need to answer truthfully about cohabitation and co-mingling funds.

you should get the divorce and let him take care of his own immigration. You already say that he is making decisions without you.

Your husband has every right to be concerned about the denial of his permanent residence if you divorce, but it will be denied anyway and you will be subject to prosecution if you go to this 245 interview and lie under oath.

If he was more concerned about his marriage the immigration would not be a concern now, this seems to be his decision (pardon my personal opinion).

If this was helpful, please rate this answer! Good luck.