I merry in june 06 to an american citizen. 2 months after I found he was a cocaine user, and what ever comes from there....Since then i am trying for him to sign the divorce. He doesn't want to. He left to Puerto Rica 9 months ago. don't even know where he is. Today some one told me not even to try contested divorce, cause i came to this country (USA) under a visitor visa, which expired already, so i can be deported. DON'T KNOW WHAT ELSE TO DO. PLEASE HELP!!!!
2007-09-14 11:57:45 · 12 answers · asked by elizaabigail 1 in Politics & Government ➔ Immigration
Did he ever file an immigrant petition for you? If he did, you may have some choices, if not, then you are in illegal status and are indeed subject to deportation. If he never filed for you, I don't know what difference it will make to your status here if you divorce or not. But clearly, you need to see an immigration lawyer to see what options, if any, you may have.
2007-09-14 13:43:05 · answer #1 · answered by George L 7 · 0⤊ 0⤋
The divorce and your immigrant status are 2 different things. You say that you came here on a visitor visa, so that visa must have been approved either with your parents help or because back home you had a decent job and you were able to apply for a visitor visa.
Now, you came here on a visitor visa, and then married. There are three scenarios that come to my mind here. (Assuming he's a US Citizen)
1. If he petitioned you for a green card, since the petition was based on marriage and he already left the US, at the time of the interview he will not be there and immigration will not like it because it is illegal to come to the US and file for an adjustment of status while being a visitor. The correct way to do it is if they as for a fiancee visa and then you can come and marry him. If you did get a fiance visa, it will be the same thing because he is no longer supporting your petition, so either way they will send you back. What would i do? don't show at the interview if you do have one pending. But that would mean that you will be in the US in an expired visitor visa, risking to be deported and without being able to work.
2. If you ddin't file for green card, and you only want to divorce. He's gone but you can still do it. You will need to file the papers with the court. Someone needs to send him the papers by certified mail. If he doesnt respond in 30 days, you can enter the judgement by default and you will be divorced without him necessarily being there and based on the grounds you decided for the divorce. I dont think the court really carse about your immigrant status, but still i would advice you to contact the free legal aid services in your state.
3. If you got married and have a green card now (even if it's a conditional permanent resident green card). To divorce you will do the same thing as step 2. To renew your green card, you will need to file form i-751 or something like that, to enter on a waiver, saying that you married in good faith. You will need proof of this though. You need to renew in the period between 21 and 24 months of the marriage.
There's another way that's even better. You can declare that you are a victim of hardship. When women declare that, immigration cant even touch them.
Again, this is all stuff that i've learned from reading a lot. I am also divorcing and I will need to apply for the waiver to mantain my residency. Please go get a lawyer, that's my best advice. There are a lot of low cost and free ones, at least get one that offers a free consultation.
2007-09-14 12:56:32 · answer #2 · answered by chapusin 1 · 1⤊ 0⤋
Usually if you don't stay married it is pretty much an automatic loss of green card status (which means you will have to leave if you can't find an other way to stay like a work visa etc).
A little know but extremely important fact is this. If someone is in an abusive relationship they do NOT need to stay married for the required time to derive green card status. Every year women are murdered by abusive husbands that they stay with because they are afraid to leave because they are afraid they will loose their green card (doesn’t bear thinking about what these poor women go through, say if there was a war raging in their home country etc they have to try & make the decision where they are less likely to die) These women are not aware that they will not be forced to stay with abusive husbands in order to stay here.
Yes usually you must stay married. If by "what ever comes from there" you mean abuse that comes along with drug abuse you should be able to get around the requirement to stay married. This is one of the few times that immigration services shows compassion & in many cases will literally save lives by releasing abused spouses from marriage. You will have to be able to show proof of abuse like police reports, charges filed, Dr's/emergency room reports etc etc you can't just say he hits me so I want a waiver to get out of the marriage.
Your case will definitely get complicated so do take peoples advice & hire an attorney. Get an attorney that will quote you a price for your case not on a per hour basis. Immigration attorneys operate both ways when it comes to charging. By getting a complete cost up front you know how much you are committing to. Get in touch with an immigrant support group for what ever nationality you are. If there is none in your city look up a support group in a neighboring city. They will be able to speak with you & perhaps advice you on an attorney that is used to dealing with people from your community. Best of luck, try to stay positive, it will all work out ok! :-)
2007-09-14 12:27:17 · answer #3 · answered by Answers_to_questions 4 · 1⤊ 0⤋
When you get married you are given a two year green card, at which point your situation is looked again to see if it is a true marriage, and then a permanent green card is issued (ten years).
However the way you have worded your question, I assume he is divorcing you, basically once divorce you will have to leave the country. Even if you start proceedings, they will look at when the proceedings were started and when it cease to be a marriage (living together) and will discover it is a fake marriage
2007-09-14 12:08:30 · answer #4 · answered by Mama~peapod 6 · 2⤊ 0⤋
You're in quite a bind. I suggest you find a good lawyer (one who knows about immigration issues) and discuss this. That sounds like something that needs more of an in depth answer then most of the people on Yahoo can provide.
2007-09-14 12:03:46 · answer #5 · answered by MajorCrumpet 4 · 2⤊ 0⤋
eliz. first i would try to have the marriage annulled. its only been a year. if he is now where to be found then he cannot contest the annulment. try and contact the american civil libertys union (look in phone book) and explain you circumstance to them. see if they can help or put u on to some organization that can help u god bless and good luckl down with drugs.
2007-09-14 12:11:51 · answer #6 · answered by rpr1940 2 · 1⤊ 0⤋
You need an immigration attorney, preferably one who speaks your first language. It will not be easy but you are not necessarily going to be deported.
Start off by telling the attorney what you have told us here and try to give him evidence if you can.
Good luck with this.
2007-09-14 12:04:57 · answer #7 · answered by skip 6 · 2⤊ 0⤋
Go see a lawyer. If in doubt, go see a lawyer. If you are unfamiliar with the law you will get lost in the court system. See a lawyer.
2007-09-14 12:04:23 · answer #8 · answered by davidmi711 7 · 2⤊ 0⤋
If are citizen then you cannot be deported, however if you are not a citizen then you can be deported. If you became a citizen after marrying him then your citizenship CANNOT be revoked.
2007-09-14 12:06:06 · answer #9 · answered by darkestsith 2 · 0⤊ 0⤋
Chances are that you will never be deported during your entire life.
Most "visa illegals" are never pursued.
2007-09-14 12:42:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋