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Results 1 to 10 of 10

Thread: Approved I-140 and divorce

  1. #1
    I have been in the U.S. for over 8 years. I've entered the contry
    legally on a B1 Visa. Over stayed since then illegally and got married
    to an illegal alien as well. My husband has been her for over 15 years. We have
    2 U.S. born children. Finally 2 years ago, my husband's job petitioned for
    him for an I-140 (Petition for Alien worker) and was approved and I, in trun was included on the petition.
    We both have work permits now and I guess we are legal. My husband has been
    paying taxes and stuff for years. Now, we are still awaiting our green cards.
    We have submitted our I-485 6 months ago through a lawyer. Now my husband is
    becoming annoying/moody with me and kids and is turning to drugs, can't support us financially
    and I can't take it anymore and want to get divorce. He is NOT abusing me physically
    (I'd kick his butt). I have not filed for one (divorce) yet. He would rather buy cigarettes for
    himself before getting us food.


    Will he be able to withdraw his petition for me?
    Will I become illegal again automatically?
    Will I be deported?

    I want to stay here legally? How can I do this?

    I have never worked in this country. I have 4 brothers and sisters in the
    U.S. who are U.S. citizens. Can I change the Affidavit of support to their
    names? Will that work and I can still be legal and get a green card?

    Thank you for your advice in advance.

    Maya

  2. #2
    I have been in the U.S. for over 8 years. I've entered the contry
    legally on a B1 Visa. Over stayed since then illegally and got married
    to an illegal alien as well. My husband has been her for over 15 years. We have
    2 U.S. born children. Finally 2 years ago, my husband's job petitioned for
    him for an I-140 (Petition for Alien worker) and was approved and I, in trun was included on the petition.
    We both have work permits now and I guess we are legal. My husband has been
    paying taxes and stuff for years. Now, we are still awaiting our green cards.
    We have submitted our I-485 6 months ago through a lawyer. Now my husband is
    becoming annoying/moody with me and kids and is turning to drugs, can't support us financially
    and I can't take it anymore and want to get divorce. He is NOT abusing me physically
    (I'd kick his butt). I have not filed for one (divorce) yet. He would rather buy cigarettes for
    himself before getting us food.


    Will he be able to withdraw his petition for me?
    Will I become illegal again automatically?
    Will I be deported?

    I want to stay here legally? How can I do this?

    I have never worked in this country. I have 4 brothers and sisters in the
    U.S. who are U.S. citizens. Can I change the Affidavit of support to their
    names? Will that work and I can still be legal and get a green card?

    Thank you for your advice in advance.

    Maya

  3. #3
    Hi Maya

    Sorry I missed your post .

    It sounds like marriage counseling and or drug/alcohol abuse counseling is in order for you and your husband. I suggest you do everything needed to give your husband the emotional support needed to keep the job that is allowing you and your husband to AOS by way of the I485. It is quite a way to go before it will be determined a disposition on both your green cards. That will be determined from the interview before Immigration Officer that you Both will have to attend.

    Divorce should be so far from your mind!!
    1st. your husband is going thru bad time and you want to run out. 2nd. It is suicide for greencard for you.

    Yes he can withdraw petition for you. Yes you will go out of status by that (illegal) Yes you will be told to leave and if you do not leave you will go into removal proceedings.

    How can I stay here legal.

    Work on marriage and keep hubby in job that allows you both to adjust status.

    Have US citizen broth/sister petition for you. uh..Minor detail... 10 to 12 yr wait list. and yes they can be your sponser if they finacially qualify.

    I probably doubt that you will qualify for H Visa. but you would know that better than I . follow your husbands lead for an employer to sponser.


    Last and Least if all else fails.....

    find another USC to fall in love with and marry before you are asked to leave the country if divorce happens.

    or

    There is always Canada Immigration. This works well but yu do not even have your US green card yet.

    Give the "work on your marriage" the highest priority. Good Luck

  4. #4
    Maya- Why ytour brothers and Sisters dint file a petition for you when they become a USC?
    You have been here for 8years.
    By now your petition would have been ready for you, if this dosnt work you could have taken the advantage of this.
    Ask you brothers and Sister to file one for you. on the back of I-130 it ask you, where you will apply for visa, since you are here, you can not write any foreign country, do not leave any thing blank in the form try to answer as far as you can. But try to work on your marriage untill you get the GC, or if you have any confident friend in the company ask him why it is taking so long or if you have an A number you can call the BCIS and find out. all the best.

  5. #5
    Thank you guys for your advice.
    UPDATE:
    I left him and took the kids and he never cared or wanted to pay for anything. I am glad my family can support me. I gave him a chance 6 years ago. Another chance 3 years ago. A third chance 3 months ago. In addition, I threatened I would leave at the same time be supportive. He kept doing the stuff (taking drugs) and I started worrying about the kids and myself. Besides he cannot support us financially he started taking everything you can think of. He started with Marijuana, painkiller Vicodine or something and ended up with Cocaine...

    I know I probably kissed my Green Card through him goodbye but is there any other way I can still get it without getting divorce or marrying a U.S. Citizen. Ads I said I have 2 U.S. born kids (5 and 7), will that in any way make me eligible for any Residency? If all things fail, I will go back to my homeland.

    Thanks for the help in advance.

  6. #6
    Oh and he was kicked out of his job 2 months ago because of the drug use but his and my I-485 is still pending.

  7. #7
    My mother will be a U.S. CItizen within probably 3-4 months - She applied for citizenship last July of 2003 and did the finger printing back in August of 2003 and still awaiting her interview date whcih could be any day now.
    Can she then petition for me?
    Will I then become legal and eligable for Green Card?
    How long would it take me to be a US Resident through the petition of my mother?

    Thank you all for your advice. You have always been a great help.


    Maya

  8. #8
    Hi maya

    Unfortunately the employer will most likely withdraw the petitions and u both will be asked to leave the country.

    1. You should be out there lining up employment like ur husband did to try to secure new AOS in that way. or

    2. be looking for a new marriage if this one is over.

    The wait times after ur mother becomes citizen to petition for you is approximately 8 to 12 yrs wait.

    Hope u r doing ok and good luck to u.

  9. #9
    Yes the Employer kicked him but he is still his friend and will not withdraw the petition.

    I thought it takes less than a year for a U.S. Citizen parent to petition for a son or daughter and be approved!!!!! 8-10 years is when it is done through a U.S. Citizen brother or sister. Please comment anyone.

    Thanks

    Maya

  10. #10
    Maya

    Thats true in a case where a child is unmarried and under 21. (defininition of child by USCIS)

    You have already stated that u are married, and i am only assuming that you are older than 21. Depending on what service center you are.. u r still looking at minum 5 to 6yrs.

    Thats a good thing the employer is keeping petitions going. Put your husband in a REHAB so he can make it thru the adjustment.

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