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Married for 2 months wanted a divorce to remarry

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So here's an uncommon story.

I met my wife on my sister's wedding last year when she was invited to be part of it. We kind of fell in love in a weird yet quick way but she is living in the other state. Due to our separated lives, weeks later after we first met she officially said we are in relationship and i was excited about it. We never missed a day without talking and as any couples in a relationship, we do talk romantic stuffs this and that over the phone. She then asked if i could visit her to her state but i said i can't. Being aware that we are in a relationship together, i honestly said that it is due to my current f1 out of status state that i fear going into government buildings such as airports to avoid getting questioned. I was amazed that she fully understands my situation and told me she knows how it feels since she had a friend like me too. So what happened after knowing im not capable of visiting her, she offered that she will just visit me instead.

I live alone, renting my apartment and have been working illegally for years now. I came here on 2007 with an F1 Visa under D/S (duration of status) on my I-94 and studied full time for 4 years under two career changes within those years but with good school score and credits, prior being admitted to college to take my career i also have went finishing up a GED class and completed a California English School for International Student. Kind of a requirement before i can take units classes for college. But things gotten between me and my dad, who is sponsoring my studies, because of expensive tuition fees for international students that he puts a lot of pressure over my studies and i felt caged up under his roof so i ended up running away with pride and belief that i could carry my own life. (yeah i know i was not thinking straight at the time) So as of today I am now out of status for 4 years since i did not register for classes on Fall of 2011. My last complete attended class was on Spring of 2011.

Anyway, i said that for you to know how i ended up with my current status. So to continue, me and my wife was still talking almost everyday but since both of us were living in different state, i get emotional being alone that i go out with my friends when i get a chance. One day i met someone that i end up hanging out with almost everyday as well, we went out different places together and whatnot, she was very thoughtful. Take note that we did not had any relationship at all. As days goes by, 3 months later my wife came to visit me and as i develop a feeling towards the lady i met here, i end up not giving effort when my wife visited me here. Its true that it is my fault for not being faithful and had my feelings fell for the lady i met here instead of my wife.

Still i went become to be honest with my wife and said that i cannot entertain her anymore as i dont want to break the other lady's feelings. And told her about the lady and how i developed a feeling to her. My wife had a family here as well that i end up giving her a ride there and go back to see my lady. Basically, my wife spends a week of vacation here with her related family instead of me.

Two days before she leave back to her state, i was notified by my work manager that a lady called with a phone number id from the state where my wife lives and told me that she was reporting me to them regarding my illegal status and that she wanted to talk to my work's owners. I felt threatened and went to her straight to talk about it. My wife then said that's only the first i can do since you cheated on me. She was indeed mad and i truly understand how she feels but told her that she doesn't have to jeopredice my immigration status. She then told me that i need to move with her and that we could marry to have my papers fixed for me to move with her. Having a fear to not agree with her i thought she may do more than what she did if she goes back to her state. So we went and got married the next day.

I went back to my lady and explained what happened and yada yada. Now, 2 months later, i kind of did my research of what possibly can happen if i divorce my wife and remarry with my lady since we both have not filed any paperworks regarding adjusting my status? Me and my wife obviously did not have much stuffs together, and have been only communicating through phone. While my lady here, during those months we have been going out together, we had made hundreds and hundreds of pictures and memories together and that she is willing to marry me if given a chance.

Now my concern is if divorcing my wife affects my immigration status? Or if i divorce her then she reports me for whatever reason, will i get deported? Or say that the divorce did went smoothly and i got remarried, will the decision for approving my adjustment of status be hinder because of possibly fraud marriage on my first wife?

Has anyone been into this experience? How did you handle? Or should i take some extra steps to secure myself before i continue with the divorce?

I already mentioned to my wife that i will divorce her but she refused to agree and i was told to not blame her of what will happen to me if i actually proceed with the divorce. Her last words to me was "if i can't have you, she can't too". So i kind of a bit scared going on with the divorce without any suggestions first.

I do understand that California is a "no-fault" state though and we got married here and i think the divorce may go smoothly in any way but i'm more concerned of any possibilities may occur with my immigration status since i have to wait for 6 months to have my divorce finalized and before i can remarry. I am open to any suggestions and will respond with an honest answer for you to guide me on what best steps i need to do in my situation right now.

Please help me. Thanks.

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Another thing to add for reference.

- Me and my wife have NOT yet filed any petitions to adjust my status and we have ONLY been married for 2 months now

- Me and my lady here, have NOT done any sexual interactions or have been in a relationship until the moment came to my realization that i was scared to lose my lady over my wife now when my wife visited me and after i left her to her relatives here and before our marriage.

I felt adding this information to help conclude any possible answers you guys can give to help me.

Thank you again.

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Dude the common sense things to do

Leave that job no matter how much it pays (She will report the company hiring illegals to ICE)

they come faster that way than individual complaints....she showed U her hand when she

called your employer.

Move to another town (don't be a sitting duck) she's a woman scorned & that's what ppl

get for doing unethical tings for immigration benefits as U did....she intends to send U

home although she did not bring you here

File for an annulment or simple divorce, seem this was not even consumated, go back

to the court-house and ask how to.

Cut all communications & ties with anyone U both know for your benefit

Prepare down the road to have explanations and a good atty to answer USCIS, you

will need a divorce decree when you remarry to be with your I 130 app, Goodluck

Edited by Jawaree

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I guess no one here can help suggest without sarcasm. I did try my best to explain things with honesty but i guess so far took it as if this post was a joke. First off, if i'm not in this situation where my wife is threatening to report me and with a possible deportation, i wouldn't even marry either. I rather continue what i started with my lady here and see how it goes from there. We are doing good so far and her company, thoughtfulness and mutual feelings are something i cannot just throw away because of my immigration status. I do hope one day, you can feel the fear i'm feeling everytime i go out my house. I did not come here to gain pity, i came here to get answers and motivation. Thank you anyway.

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There is nothing uncommon about your story. By your own choice you have been an illegal alien for several years, left home because your father was holding you accountable for the money he was spending on your education and now it sounds like you are planning visa fraud. Do not expect much sympathy here on this forum. Grow up, learn from this experience, and make better choices in the future. Good luck.

I have been living here since 2007. Migrated with all my family together here. I have grown in this country and got used to this, i have nothing to go back in my country if i did. Thus, i am doing my best to find any option possible for me to stay here until no option for me to choose but to go back. It may sound i am planning a visa fraud, but believe it or not, i don't. If there's any way for me to possibly stay here by not marrying i would.

I forgot to mention and add on my story, after i left my dad's place back in 2011. I have met a woman who i became a girlfriend later on for more than 2 years, never asked or planned in my mind to even marry her just because i fell out of status; thus illegal. I lived with her under the roof for those 2+ years, and we broke up without me even begging to have us get married. Later on, i moved out by myself for months and realized how hard it is to be living alone and it just happens that i met this lady along the way, loved the company together and would love to do more than what we have already done so far, the only reason that i was looking for an answer if remarrying can help me stay here longer and be with her, then why not right? If you haven't realized, i am already married and could just work things out with my current wife, get my papers filed, and wait for my green card, if i am indeed planning for any visa fraud like you assumed i was.

Again, i am here asking NOT for any pity, i am here asking if there are any more ways i could do, besides marrying, to make me stay here since i am currently being threatened by my wife to be reported and get deported if i proceed with the divorce. If there's none else, please save the sarcasm who actually needs one. Thank you.

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Sorry if I came off being sarcastic. I assure you there was no sarcasm in what I said. When in this did your wife become your wife? You said she lived somewhere and kept visiting and finally acknowledge you're in a relationship with her, but then you met someone else and developed feelings to that girl. When did you get married in there and why didn't you move in with her or her with you? Almost nothing about your story makes sense. It really sounds like you married the first woman for a visa but for whatever reason it didn't work out that way. If you're able to divorce and get remarried without problems, I can't imagine you being approved to A.O.S. How can you convince the government of your moral character and your true intentions when everything up to this point has been morally and legally wrong? That's just the reality, no sarcasm.

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You came to the US and overstayed your visa.

How is it your family came here and is still here? Are they here legally?

You married a woman you didn't love and did not want to marry while you were seeing another woman.

You want to divorce USC #1 to marry USC #2 and file for a green card.

It looks like you are just looking for any way possible to stay in the US.

Exactly, whether or not that is actually fact only you in your head know. But seriously what do you think the case workers will see?

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I thought reading the whole story would clear things a little, it only confused me more. OP sounds like a smart person, but made some dumb decisions, clearly.


21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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Migrated with all my family together here.

I wasn't aware that the F-1 was an immigrant visa.

The correct solution is to return to the Philippines.

Edited by Avery Cates

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Another option to obtain a visa other than through marriage is H1B, "available for offers of employment that are in a specialty occupation". Do you have special skills, training, knowledge that would benefit the US of A? You write that you chose to abandon the education you were allegedly pursuing here and preferred to fall out of status.

There is not much sarcasm in this thread, but certainly answers you don't want to hear. You made choices in your past and are now facing the consequences. This is called accountability, and understanding it is part of growing up. And noone on this forum can undo the choices you made in the past. Only you can learn from it, move on, and do better in the future.

Based on what you write, I think you are out of legal options, but should talk to an immigration lawyer to make sure. You can try to leave the US quietly without drawing too much attention or continue living in fear of getting busted and incur a multi-year ban. Once more you are faced with a choice.

Edited by karhu69

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Truly understandable, and that is why indeed i am here.

To seek suggestions and expect any worse to come.

But let me do a quick reference on the story, coz it seems you didn't read it whole and probably stopped reading it after a thought of a point you found. Things happened fast, and i honestly won't blame you if it sounded i planned for visa fraud. Again, trust me, if there's any other way, i'd go there. So to do a quick timeline and to answer some of your questions here it is.

You came to the US and overstayed your visa.

- Technically, i did. Yes, along the way, but things happen unexpectedly without thinking for worse. I was dumb, i give you that. So i did overstay, but then again, like my story was told above, i came here with D/S stamped on my I-94, true i am out of status, but based on what i have researched so far, unlawful presence won't accrue until USCIS or a Judge notifies me that i am indeed in violation of my status. And me or my dad never receives any just yet, or at least we're hoping we did not just missed seeing it if they did.

How is it your family came here and is still here? Are they here legally?

- Yes, all my family are still here since Day 1 we all came here, we had our own business here that imports/exports stuffs from big american names, from Albertsons, Ralphs,.....to Food 4 Less and Costco, etc etc... My father came in with an E2 Investor's visa and us 5 of his kids are his derivatives. And had SSN given, and even my youngest sister who just got born 4 months ago here making her a born citizen and the 6th member of his children. However, out of 5 of his kids, only me, the eldest, and my sister born after me are the ones did not got SSN, only issued ITIN. Reason is, by the time before we hit our first year here in California we both turned over 21 years old, making both of us not under my dad's visa. And that's why both of us, had to go back again to my country, and come back here as an F1 visa holder same year all of us migrated here. My sister had almost same situation like me before but now had 2 kids, married, and got everything fixed. So basically, i'm the only one hanging as like i said, it was never really part of my plan to get married anytime soon anyway.

You married a woman you didn't love and did not want to marry while you were seeing another woman.

- I guess you missed out reading the whole story coz i believe i mentioned i felt fear being threatened i may get deported if i disagree and she reports me directly to ICE or whatever, which i also mentioned she already did started by calling my work. If it was merely a joke, i would have done things the other way around. But fear got me overwhelmed and i know it is a mistake.

Again, the actions may seem i'm planning on visa fraud, but that was never my intention. What concerned me really is of losing everything i worked for since i left my dad's place with a pride of proving to him that i can carry on myself and i did, but with just a snap, it can possibly go to waste and it feared me deeply. Trust me, i don't even mind showing you guys text messages me and my wife had on how i'm peacefully asking her to agree on a divorce without risking my status, while all she does is threatens me of what she can do if i did proceed with it.

I also want to say that, remarrying my lady was out of the option in the first place, but as me and my lady tried to do researches together on how i can keep myself stay here or make myself protected on deportation even if my wife reports me, puts her on offering me marriage if we found no other ways, and of course i'd agree with it because technically speaking, me and my wife had nothing to begin with except for phone communications and a title of being in a relationship. But physical company and the feeling of not being alone was done by my lady here, and all stuffs we did in so little time that did not happen even between me and my girlfriend before of more than 2 years.

Honestly, only if my wife agrees to end our relationship peacefully and i felt safe from Homeland Security (which i did anyway for the past years), i wouldn't even have to remarry my lady until both of us are really ready to take it to the next level.

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