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kimheesun

What should i do with the overstay tourist visa?

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Filed: Other Country: Hong Kong
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Hello everyone,

My name is Kim. I met my husband 8 years ago in Hong Kong when he was in Navy. We have a daughter born in hong kong then we moved to US, i entered US with a tourist visa didn't think we would stay but we end up got married in US. We had some problems so didn't work on green card right away. So my visa is about 4 years expired now. And we have a son born here in US about 3 years ago. My husband and my two kids they are U.S citizen. What can i do to fix this now and what's the fast way to get a driver license?

Thank you very much for you time!

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Filed: Citizen (apr) Country: Poland
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Still married to your husband ? http://www.visajourney.com/content/i130guide2

Earliest you can get drivers license is when you get EAD - ~ 3 months from filing.

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Filed: Other Country: Hong Kong
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Thank you, Kzielu. Yes,we are still married but maybe soon not anymore. That's why i start to get scared cause theses few years he's been saying get the green card done for me but nothing. And something happened we might get a divorce so i really don't want to apart with my kids in case he will file a divorce anytime soon.

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Filed: Citizen (apr) Country: Russia
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File ASAP. Otherwise it will be so much trouble in case of a divorce...

You won't be able to adjust status if you divorce unless you marry someone else or go through VAWA and that's a whole different can of worms.

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Filed: Other Country: Hong Kong
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Thanks a lot. And what can i do if we do get divorce? Is there any way i can get it fix through the kids? I really don't want to face the 10 years bar away from my kids.

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Filed: Citizen (apr) Country: Russia
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Thanks a lot. And what can i do if we do get divorce? Is there any way i can get it fix through the kids? I really don't want to face the 10 years bar away from my kids.

No. Kids are not eligible to petition for you until they're either 18 or 21... Not exactly sure

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Filed: Citizen (apr) Country: Russia
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In the event of a divorce, you would probably need to see a lawyer so he can guide you in a right direction... If you do tale that route, prepare for rough few months to a year.

According to what I've read on here, VAWA is not a walk in a park.

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Filed: Other Country: Hong Kong
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Oh my god. This is killing me. I don't mind if i need to back to my country but i don't think he will let me have the kids back with me. So seems the only option i have is file it before divorce. That's another thing he never file for me cause he always say there's no money for that. I don't know what i can really do now. :crying: Thanks again.

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Filed: Citizen (apr) Country: Russia
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Oh my god. This is killing me. I don't mind if i need to back to my country but i don't think he will let me have the kids back with me. So seems the only option i have is file it before divorce. That's another thing he never file for me cause he always say there's no money for that. I don't know what i can really do now. :crying: Thanks again.

Seems like I've read somewhere here about a waiver... I don't know though... It's around $1500

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Oh my god. This is killing me. I don't mind if i need to back to my country but i don't think he will let me have the kids back with me. So seems the only option i have is file it before divorce. That's another thing he never file for me cause he always say there's no money for that. I don't know what i can really do now. :crying: Thanks again.

Sorry, if your spouse is not willing to file AOS for you and both of you are heading for divorce, then there is not much option for you here.

Your US kids have to be at least 21 years old to file green card for you.

http://www.uscis.gov/family/family-us-citizens/parents/bringing-parents-live-united-states-permanent-residents

Done with K1, AOS and ROC

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Filed: Citizen (apr) Country: Russia
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Did OP mention any abuse here?

No, but I, personally, know a lady that was in a similar situation where husband refused to adjust status and the lawyer used it as grounds for VAWA.

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No abuse mentioned so far.

Why would your husband get to keep your children? You are their mother. Unless there's something wrong with the way you handle your children, why would they not return with you to Hong Kong if you go back? Or wherever you go?

If your husband is suggesting that he automatically gets the kids when you divorce, that's wrong.

You are deportable at present, and your children will not prevent your deportation, but if you go then you sue for custody and take them with you. Before then, see if you can get your paperwork straightened out so you don't have to worry about deportation...then you can just deal with the divorce.

Regards,

Bill

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No, but I, personally, know a lady that was in a similar situation where husband refused to adjust status and the lawyer used it as grounds for VAWA.

http://www.visajourney.com/forums/topic/436689-vawa-i-360-status/

According to sandranj (Attorney for VAWA)

God help. Is she mentally abusing you ,? How? Does she humiliate,degraded ,control,threat you? Did the psychologist diagnose you with major depression or pos traumatic disorder? Are you attending therapy sessions,taking medication for depression? If your answer is NO then you don't have a Vawa case,because she is refusing to sponsor you this is not abuse ok.

Done with K1, AOS and ROC

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