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Thread: The consequences of a genuine marriage to a US citizen

  1. #1
    After being married for over 3 years and having a child to my wife, I am now divorced due to my wife not willing to work the marriage out and that she also commited adultery. I had my interview over a year ago which went well but i had to submit 2 waivers. A J1 and an I-601 which are still pending. Is everything I applied for and the time I have spent here and having a beautiful child been for nothing or is there anyway I can still adjust my status in a different way.My temporary work authorization expires soon.Can I re apply or am i screwed? I am going crazy trying to find out a real answer. What are the consequences? Have I any chance of staying here and seeing my child?? I have no family here in the US apart from my child and am so afraid of having to go home. Please help if you can....

  2. #2
    After being married for over 3 years and having a child to my wife, I am now divorced due to my wife not willing to work the marriage out and that she also commited adultery. I had my interview over a year ago which went well but i had to submit 2 waivers. A J1 and an I-601 which are still pending. Is everything I applied for and the time I have spent here and having a beautiful child been for nothing or is there anyway I can still adjust my status in a different way.My temporary work authorization expires soon.Can I re apply or am i screwed? I am going crazy trying to find out a real answer. What are the consequences? Have I any chance of staying here and seeing my child?? I have no family here in the US apart from my child and am so afraid of having to go home. Please help if you can....

  3. #3
    Oh man!! I am so sorry to hear that!!! I can't imagine going through so much junk, just to have your wife give up on you like that... I can't even imagine what going through the stress of divorce, coupled with immigration stress much be like! UGH!!!!

    Hmmm, the truth is that I don't know what to tell you... I know that if you can argue abuse you might have a chance, and I guess psychological abuse might be given some weight if argued correctly... but chances are slim.

    I would definitely contact a lawyer, having a USC child should offer you some relief in some way, but I know that generally the child has to be a certain age (over 18 I think) to petition a parent!

    I will see if I can find anything out... your USC child definitely deserves a father that is close by as much as you deserve to be near your child... so there should be something out there for you guys!

  4. #4
    Come visit www.immigrate2us.net and pm me with details of your case. I am not a lawyer, but I can see if I can figure anything out for you...

    (but don't get your hopes up...waivers like the I-601 may only be filed by a USC/LPR spouse or parent...)

    Also, is your divorce finalized or are you just planning on getting a divorce (if you are planning on it, the best thing to do would be to hold off on the official divorce until after you get your paperwork... In my opinion, your wife owes that much to you!)

    [This message was edited by Spouse on February 18, 2004 at 11:28 PM.]

  5. #5
    (Continued from my first posting) My I-601 and J1 was filed on the day of interview so they are already in the works.A decision should be made soon but if not what is going to happen when my employment authorization runs out. I am in hell right now. i just wanna be with my kid. If I have to go home I'll pay child support from home that wont be a problem, but that doesnt help the fact of me not seeing my kid for god knows how long.Itll be like giving up my right as a father since i wont be here. I have did everything I can. I have never been so hurt or devestated in all my life and the days and months pass of not knowing what is to happen next. I need a miracle!!

  6. #6
    You would have a chance if you already had some type of residency (even conditional permanent residency) but if the divorce has already been finalized, and the waivers that would grant you residency have not yet been processed, you do not have much of a chance for the moment (at least from what I can tell... have you consulted a lawyer?)

  7. #7
    Sorry to tell you, Irish, but I don't see much relief available. You have too many things going against you. Pressuming that you married while out-of-status and after entering on a Visa Waiver and that this marriage does not exist anymore, you don't have any basis for adjustment at the present time unless you can quickly find an employement based sponsorship or a different route to be sponsored.

    But again, if you needed the 601, you have broken immigration statutes somethere down the road and many adjustment opportunities (such as the employement one as far as I recall) are not available for such cases. I really don't know what the solution to your case would be, but you need to have some sort of a basis for a strong adjustment and BCIS would give you some time to figure out the custody issues regarding your child, anything short of that is putting you into a high likelyhood that you may be granted voluntary departure (in the best circumstances) or a removal order. Consult an attorney very quickly.

    My advise: do not make false allegations in Re. of spousal abuse/neglect etc. (as implicated by "spouse").

  8. #8
    Acelaw, I did not, and do not support the idea of making false allegations... I was going over some of the available options in the case that they might apply.

    In fact, I merely stated that psychological abuse might be considered under some circumstances, but I also went on further to say that chances of that would be slim.

  9. #9
    As much as he likes to sugarcoat it, my seventh sense tells me that he probably was the one committing adultery (and not his wife). It don't wash if you consider that they have a small child and all she'd be concerned about would be another d i c k ....

  10. #10
    For your information that is what happened Acelaw. There is nothing to sugar coat and you dont know me from a hole in the wall,so keep your opinions to yourself.All I need is an immature person to make me feel better by putting his 2 cents in about something he knows nothing about. If I didnt give a damn about my kid,id be home. I do have a home to go to and a family and a new life if i wanted. Of course I lov ethis country but if you were me would you stick it out any longer after all the crap youve been through? Well? Why else would I be here for now after being through so much??? You have disgusted me by your comment and you should be ashamed of yourself when someone is trying to get help and this is what you say.Now mind your own buisness in future.If youve nothing good to say then dont say nothing at all.Im here to seek advice not abuse.Id like to see how youd take it if you were in my shoes.You would have been home along time ago but I am not a dead beat like many otheres out there. I have been there for 2 kids one of which isnt mine because his own dad didnt wanna take a part in his life, I have and I have my own as well. So keep your mouth shut in the future when you have no idea who you are talking about . I am an easy going person but remarks like that you can go and kiss my ***.

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