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Results 1 to 8 of 8

Thread: I-130 and legal seperation

  1. #1
    My wife entered into the United States at Miami FL. in 2000 on a visitors visa from Columbia SA. She then filed for Political Asylum before the 90-days expired. I met her in North Carolina and we became married December 5, 2002. We filed early in 2003 for the I-130 for her and other forms that allowed her daughter age 14 to leave Columbia and live with us. Her daughter finally got her Permanent Resident card and came to the US in April of 2005. We lost our first child in 2003 (Miscarriage) and we had a daughter in April 2004 and a son May 2005. Unfortunately our marriage became very unstable (My belief is PPD). This resulted in us getting a legal separation. In our stated to get a divorce you must again file after one year of being separated. We both want to get back together anyway but need to take it slowly and get counseling. We have been having her political asylum deportation case continued until our I-130 gets approved, but now that we are separated and her case is in February we do not know what to do. It seems that if our marriage was not based on immigration purposes that maybe she can still get it approved. I am not sure. I Love my wife and want her to stay in the US with our Children. Is there any hope? What should we do? Help Please.

  2. #2
    My wife entered into the United States at Miami FL. in 2000 on a visitors visa from Columbia SA. She then filed for Political Asylum before the 90-days expired. I met her in North Carolina and we became married December 5, 2002. We filed early in 2003 for the I-130 for her and other forms that allowed her daughter age 14 to leave Columbia and live with us. Her daughter finally got her Permanent Resident card and came to the US in April of 2005. We lost our first child in 2003 (Miscarriage) and we had a daughter in April 2004 and a son May 2005. Unfortunately our marriage became very unstable (My belief is PPD). This resulted in us getting a legal separation. In our stated to get a divorce you must again file after one year of being separated. We both want to get back together anyway but need to take it slowly and get counseling. We have been having her political asylum deportation case continued until our I-130 gets approved, but now that we are separated and her case is in February we do not know what to do. It seems that if our marriage was not based on immigration purposes that maybe she can still get it approved. I am not sure. I Love my wife and want her to stay in the US with our Children. Is there any hope? What should we do? Help Please.

  3. #3
    Please clarify how your wifes daughter entered the U.S. Are you saying that her daughter got a green card even though her mother was not even a permanent resident? Did you legally adopt the daughter?

    Can you postpone the asylumn case? Look into the possibility of doing it based on PPD. She may have to get a clinical diagnosis but then again that may be for the better. It will help her to come to terms with her own emotions while at the same time helping you both to have a starting point from which to reconcile your relationship

    DO NOT try to argue that the I-130 should be approved because you did not get married only for immigration purposes. This is a slap in the face to any immigration official. Basically what you would be saying is "hey we were actually in love UNLIKE all the other people you approve"

  4. #4
    Yes my stepdaughter has permanent residence status even though my wife has not been approved. I did not adopt her. My argument for the I-130 is #1. We did not enter into the marriage for fraud. 2. Our marriage is not legally dissolved unless we seek further process as filing for divorce. 3. There would be an extreme hardship incurred by all parties if my wife was deported back to Colombia. The US has no agreements with Colombia on child custody and the children need there mother but, also need their father. The children are US citizens and the fact that my wife even filed for political asylum indicates that the atmosphere she would raise our children in is not desirable. 4. With time our hope is to stop the sepration and reconcile our marriage.

  5. #5
    Now you are saying the children are U.S. citizens. Are they U.S. citizens or Permanent Residents?

    What is the status of her political asylum application? You mentioned deportation proceedings so I assume it was not approved?

  6. #6
    The two young children 7 and 20 month are us citizens. Her daughter or my step daughter is from Colombia and is here as a Permanent Resident. It is my understanding in the asylum case it is the final one in front of the judge and she will be deported if they do not approve it. We are tring to get further information on that. Our hope all along was the I-130.

  7. #7
    The fact that her daughter was granted PR should help as that case had to have been predicated on the assumption that you had a legitimate marriage. That being said, brining up the separation now may undermine the mothers I-130.

    I am not suggesting you reconcile soley for the purpose of the I-130. BUT cosidering the PPM is suspected, I think you should get an official diagnosis. THis will help explain the separation but I don't know if it will be enought to explain a divorce.

  8. #8

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