What is the name of your state? CA
I got married to a USC in Dec 2004. We went for my greencard interview in Sept 2006 and were requested to bring his divorce certificate, since he had been previously married and they needed to have it onfile.
That's when the nightmare began.
According to my husband, he spoke to his ex before he got married to me and his ex told him she had processed the divorce and actually showed him some paperwork.
We went hunting for the ex and found out she had moved, remarried, separated and then moved again and to cut a long story short, we were unable to trace her. Chances are, wherever she is, she will be unwilling to co-opearate with us anyway.
So we decided to go looking for the divorce certificate and discovered that his ex only filed for divorce but it was never finalized. All we had was a case number and a bunch of forms.
My husband then started the process of finalizing the divorce and it has now been close to 6 months. The judge will not grant him the divorce because when his ex filed the papers, she did not list her address on the first form. She only listed it on the last form. The judge says the forms were incorrectly filed and so he does not want to make a decision (our attorney says).
In the mean time, my case was denied (of course) and my work permit cancelled. I am now out of status and can not get a new work permit. My husband can not work full time because he's ill and they may be amputating one of his legs in about 2 months. Meanwhile, we have to pay an attorney every time he makes a trip to court to talk to the judge or court clerk. I do not know how long it will be before the divorce gets granted. And what if it's just plain denied? What would we do?
Our plan is to get married and file ALL OVER AGAIN.
Is there any way of getting at least temporary residence for me? This 'out of status' state worries me and keeps me awake at night. I am going crazy. Help please. Any advice/brainstorming will be appreciated.
Will we have to annul our current marriage (don't know that it's a marriage) before re-marrying? That costs extra $$ too.
Thanks!
I got married to a USC in Dec 2004. We went for my greencard interview in Sept 2006 and were requested to bring his divorce certificate, since he had been previously married and they needed to have it onfile.
That's when the nightmare began.
According to my husband, he spoke to his ex before he got married to me and his ex told him she had processed the divorce and actually showed him some paperwork.
We went hunting for the ex and found out she had moved, remarried, separated and then moved again and to cut a long story short, we were unable to trace her. Chances are, wherever she is, she will be unwilling to co-opearate with us anyway.
So we decided to go looking for the divorce certificate and discovered that his ex only filed for divorce but it was never finalized. All we had was a case number and a bunch of forms.
My husband then started the process of finalizing the divorce and it has now been close to 6 months. The judge will not grant him the divorce because when his ex filed the papers, she did not list her address on the first form. She only listed it on the last form. The judge says the forms were incorrectly filed and so he does not want to make a decision (our attorney says).
In the mean time, my case was denied (of course) and my work permit cancelled. I am now out of status and can not get a new work permit. My husband can not work full time because he's ill and they may be amputating one of his legs in about 2 months. Meanwhile, we have to pay an attorney every time he makes a trip to court to talk to the judge or court clerk. I do not know how long it will be before the divorce gets granted. And what if it's just plain denied? What would we do?
Our plan is to get married and file ALL OVER AGAIN.
Is there any way of getting at least temporary residence for me? This 'out of status' state worries me and keeps me awake at night. I am going crazy. Help please. Any advice/brainstorming will be appreciated.
Will we have to annul our current marriage (don't know that it's a marriage) before re-marrying? That costs extra $$ too.
Thanks!