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mamajon54 · Jun 15, 2011, 03:59 AM

Hello. I was illegal for 3 years, after my visa was expired. And married to US Citizen. We recently had our initial interview for green card and we failed. My husband is a lazy person, who just likes to eat and sleep. I prepared all paperwork myself. And we scheduled for 2nd interview in few weeks. Now we are having lots of problem, I want go for divorce. My question is, what is going to happen if we don't attend interview? Or reschedule it? Then divorce? I am really confused please advise if anybody went through this situation. I am sorry for my English, I am not native speaker. Thanks!

AK lawyer · Jun 15, 2011, 08:34 AM

Originally Posted by mamajon54

... My husband is a lazy person, who just likes to eat and sleep. ...

Hey! That's an American Citizen you are talking about. No bad-mouthing of Americans is allowed here. ;)

And perhaps he likes to sleep because he's a dreamer. Is that bad?

joypulv · Jun 15, 2011, 10:34 AM

Unfortunately they will find you eventually and deport you, unless you have a job that you are needed for here. Your best bet is to find a good lawyer, if you think you have a chance of being able to stay, but be sure to find out more (you aren't giving much information here) before you pay one.

NYcityboy · Jun 15, 2011, 02:56 PM

According to your post; you've already been denied. If you divorce now, you do not have a basis for permanent residence, and the denial will be finalized. If you do not show up to this second interview, then your denial will be finalized.

Generally speaking, you need to have a bona fide marriage and get through the first interview to get your permanent residence. It sounds as if you have a bona fide, but imperfect, marriage. You should find an experienced immigration attorney to prepare a supplement to your filing to prove up the bona fides of your marriage, to include current evidence of cohabitation and co-mingling of funds. The attorney should meet with you and your husband for an interview preparation to let you know the types of questions to expect from your local district office. You should prepare with your husband as this is likely the only chance you will get, because if the USCIS determines you committed marriage fraud, and any subsequent marriage will likely not be approved for permanent residence.

You cannot file any employment-based immigration case, as you will need section 245(a) to forgive your immigration violations. Get your family-case done now, good luck.

mamajon54 · Jun 20, 2011, 04:26 AM

Thanks so much for advice!