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pootle

Junior Member
Hi,

This is a bit of a story, I`ll try and keep it brief. I entered the USA in 2001 and became involved with a woman. She had a little child, who quickly grew attached to me. She was going through a bitter custody battle at the time.

I left to get my B-Visa a year later and was readmitted. The custody battle had been going on for a year at this stage, was very acrimonious. Crucial to her getting total custody of her child was me and the stability I provided. When I was due to leave again, she had a major court hearing, and I was for want of a better word emotionally blackmailed into staying.

The minute I had overstayed, she turned really nasty to me, threatening me with INS and arrest if I didn`t pay for her entire custody case. This went on for another 8 months until April 2004 when she finally won her custody battle. The minute the papers came through (her ex husband was a convicted drug smuggler - she I found out was also convicted in the same case but escaped with probation) she left, again threatening me with INS and arrest if I tried to get any of the 10s of 1000s dollars I had spent (she never worked during the 2 and a half years I was wtrapped). Furthermore, I was also told, despite the fact that she only got custody of her child because of me (as proven by the court record), that if I attempted to contact the child, who I had raised, fed, clothed and educated for 3 years, she would notify INS.

I was about to leave the USA permanently when I met a beautiful girl. After 8 months we got married.

Here`s where the problem has started. My saving are spent, I need to earn money. My business is in Europe and I need to travel. I have been told that if I leave the country whilst my application is being processed I will be barred for 10 years. My wife`s family are all in America, she understandably doesn`t want to leave them for 10 years. But I cannot expect her to support me, and as my business is very specialised, its not something I can do in the USA.

I hold dual citizenship with two passports, I have never entered the USA illegally, but as I applied for a visa I can`t just reenter on my second passport as I am sure they will have my fingerprints on file.

I don`t know what to do, I have never broken any law in my life, you may think I am soft, but I have been brought up to honour my word, and I promised that child I would stand by him, and I did, someone had to, he had been let down by his parents from day 1.

Is there anything I can apply for that will allow me to travel whilst my application is being processed? If not, if we apply through the London Embassy, and I leave, will I get caught? I still retain my UK address.

I don`t want to leave my wife, but I do want to pay my way. Is there anything I can do?

Please advise

Thanks
 


ImmigAttyLana

Senior Member
You should apply for permanent residence on the basis of your marriage and NOT leave the US until after your interview with the USCIS where you get your permanent resident status. Then and ONLY then can you travel outside the US to either take care of your business for a short period of time (you should not be outside the US for extended periods of time as a green card holder unless you get prior approval from the USCIS for this) or wrap things up and transfer your business activities to the US.

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

pootle

Junior Member
ImmigAttyLana said:
You should apply for permanent residence on the basis of your marriage and NOT leave the US until after your interview with the USCIS where you get your permanent resident status. Then and ONLY then can you travel outside the US to either take care of your business for a short period of time (you should not be outside the US for extended periods of time as a green card holder unless you get prior approval from the USCIS for this) or wrap things up and transfer your business activities to the US.

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

Thank you for being so kind to respond to me.

Assuming I applied today, (I am in AZ) how long before I get my interview and is there any way to speed up this process?

Many thanks
 

ImmigAttyLana

Senior Member
There is no way to speed up the process and out of all the local uSCIS offices nationwide, the one in Phoenix is one of the worst in terms of the length of processing. The current wait from filing to interview is about 2 years. ONe way to expedite this process is to move to another jurisdiction with your new wife, if possible.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

pootle

Junior Member
ImmigAttyLana said:
There is no way to speed up the process and out of all the local uSCIS offices nationwide, the one in Phoenix is one of the worst in terms of the length of processing. The current wait from filing to interview is about 2 years. ONe way to expedite this process is to move to another jurisdiction with your new wife, if possible.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
Yikes...2 years? What is the best jurisdiction to move to?
 

ImmigAttyLana

Senior Member
Well, you really cannot forum shop based on the shortest processing times, but you can take a look at the processing times for the various USCIS district offices nationwide on the USCIS website.

Specifically, the Service has requested additional evidence to establish that the
 

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