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    peterden72's Avatar
    peterden72 Posts: 1, Reputation: 1
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    #1

    May 19, 2012, 01:14 PM
    Status after 12 years
    Hi, if one over stay their visa over 10 years, married to a us citizen for 5 years, both of them got separated and she is refusing to do the paper work to fix status, what are the options for his?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 19, 2012, 01:22 PM
    Quote Originally Posted by peterden72 View Post
    hi, if one over stay their visa over 10 years, married to a us citizen for 5 years, both of them got separated and she is refusing to do the paper work to fix status, what are the options for his?
    The Illegal party remains an illegal subject to detainment and deportation...

    There is no "FIXING" papers... green cards are NOT automatic, or guaranteed just because you marry an American. Application has to be made.. and application has to be accepted. The US Citizen is under NO obligation to help or sponsor the illegal being there is a legal separation... and the marriage can not be used on the application because there is a separation pending a divorce. To try to constitutes fraud... and is a crime and will invalidate the application.

    You leave... you apply to immigrate from your home country and wait your turn just like anyone else.
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