Tom

[mannci]

What is the name of your state? Florida

I married an american citizen, she filed for me for green card. I got my work permit, waiting for interview (possibly 3 more months). Now my wife wants to divorce, she is pregnant the child might not be mine. How about that for a mess? What do I do? Please help.

 

[ImmigAttyLana]

Not much you can do since you need to be in a valid, bona fide marriage in order to get a green card and if you get divorced, then you are no longer eligible for a green card. See if you and your wife can reconcile; if not, you should prepare for other avenues of either trying to stay in the US if that's what you want or preparing to leave the US.

 

[mannci]

If lets say we divorce. I leave the country. Am I gonna be able to come back on a tourist visa? I overstayed 6 years before the marriage. But now I have employment authorization

 

[mannci]

And also the divorce is not going to happen before the interview, because there is a child involved (she is pregnant). So if I prove that she is pregnant with ultra sound picture on the interview, and telling the officer that we are having problems, but she is bearing my child, are they gonna deport me still? It would be unfair for the child since than I can not provide for him/her and would take away a parent.

 

[evcalyptos]

And also the divorce is not going to happen before the interview, because there is a child involved (she is pregnant). So if I prove that she is pregnant with ultra sound picture on the interview, and telling the officer that we are having problems, but she is bearing my child, are they gonna deport me still? It would be unfair for the child since than I can not provide for him/her and would take away a parent.

If you want to follow that track you most definitely should have a lawyer on hand for a consult before, and to attend the interview with you.

You need a MUCH beter argument than 'it's not fair to a fetus'.

Your past overstay is not forgiven until you gain PR through the marriage based adjustment so it would continue to impede your return to the US in any status for 10 years after departure (a ban).
Your work permit is also tied directly to THIS application for adjustment--if you are not granted PR status as a result of your interview, your work permit is immediately void.

You have a lot riding on this; better make nice with the Missus.

 

[mannci]

Thank you for your help.

 

[mannci]

Assume the worst.
How can I extend my authorized time in the US if everything goes wrong with the missus? Any ways to delay my processing?
I know I can skip one interview, if I appear only by myself.
Is moving to an other state like New York from Florida can innitiate file transfer, that would also delay the processing. I mean are they gonna put my file to the bottom of the pile?
And if so, I guess I am still elegible for work permit. right?
How long is the most I can strech it with todays accelerated processing times in your opinion?

 

[evcalyptos]

Assume the worst.
How can I extend my authorized time in the US if everything goes wrong with the missus? Any ways to delay my processing?
I know I can skip one interview, if I appear only by myself.
Is moving to an other state like New York from Florida can innitiate file transfer, that would also delay the processing. I mean are they gonna put my file to the bottom of the pile?
And if so, I guess I am still elegible for work permit. right?
How long is the most I can strech it with todays accelerated processing times in your opinion?

I'm not a lawyer and so would not begin to answer questions like these; I'm not into helping people circumvent the laws, I like to help people get what they are entitled to.

Continue living here illegally like you have been for the past 6 years if you like. You should not have entered a marriage with a USC for the sole purpose of gaining an immigration benefit.
You are not entitled to immigration benefits from a marriage to a USC that didn't work out.

There is no other basis for your immigration that I'm aware of, or I presume you would've already used it (work other family etc). How about returning to your home country?

 

[mannci]

Well that was a harsh.
First of all the marriage was real and was fantastic in the beginning.
Second of all some people were not fortunate enough to be born in this country, The land of opportunities. I just don`t see why not use the law to the fullest extent regarding my unfortunate situation. The hope dies last.
I did not mean to upset you by my circumstances.
Sorry

 

[evcalyptos]

Well that was a harsh.
First of all the marriage was real and was fantastic in the beginning.
Second of all some people were not fortunate enough to be born in this country, The land of opportunities. I just don`t see why not use the law to the fullest extent regarding my unfortunate situation. The hope dies last.
I did not mean to upset you by my circumstances.
Sorry

Life is harsh.. if you think I am tough, imagine what the Adjudication Officer at your AOS interview is like.

It's not relavant to me, and I don't care, but how long have you been married? Why didn't you file immediately for your Adjustment of Status?

You are certainly welcome to use the law as you see fit, I am simply explaining MY personal policy on giving advice and information. I am sure there is an immigration lawyer somewhere who would not mind selling this information to you. In fact, if you are going to try something like that, I --highly--recommend it be someone who knows the rules.

You don't have an 'unfortunate situation', you made a deliberate choice to live in the US without authorization. It doesn't matter to me that you were not born here. I would like to live in Spain, but it is virtually impossible for me to do so without a valid basis.. same as for you with the US.

Anyway, no apology necessary.. you didn't upset -me-!

 

[ImmigAttyLana]

You indicated that the child might not be yours in your original post so how is that something that makes it unfair to you if you don't get your permanent residence through your wife? If she is cheating on you and that's how s he got pregnant and now wants a divorce, it is not likely that the marriage can really be considered bona fide at this time. Secondly, if she is asked questions at the interview regarding the marriage, it is likely that she will give her opinion and that may not be something that is helpful to your case.

If you leave the US, having overstayed before, you are not going to be able to return as a visitor. You will be barred from reentry for at least 3 years. The fact that you now have work authorization does not have any relevance to that.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[AHA]

And also the divorce is not going to happen before the interview, because there is a child involved (she is pregnant). So if I prove that she is pregnant with ultra sound picture on the interview, and telling the officer that we are having problems, but she is bearing my child, are they gonna deport me still? It would be unfair for the child since than I can not provide for him/her and would take away a parent.

Since you can't prove that the baby is yours, and the marriage is already over before the interview, you have no basis for AOS. You will be able to get a job in your homecountry if you are deported, which would mean you can support any possible child of yours anywhere in the world much easier than by living here illegally and not being able to work legally and provide your possible child with healthcare etc.