1- Can I have immigration?

[medoo 80 0]

Dear Visajourney.com members!

I need help. I married from 3 years from American spouse throw notarization I certainly entered into the marriage in good faith .we get married on my country and then she leaved to USA and she was return to my country aging to take me to USA to leave together. Throw this period the contact between me and her by phone and massage. Her family has never been supportive about us. Her family put pressure and stress to get the divorce.

She needs to prove the marriage is untrue (marriage to be annulled) she made lawsuit front court in my country. Now the court proved the marriage is legal and the marriage is still continual.

She makes complaint in American embassy in my country to forbid me from travel to America.

Now I need to ask

1- Can I have immigration?

2- Is this case is effect when I need to travel to USA in future?

3- What can I do (steps) to prove the marriage was in good faith?

4-can I have any chance to travel to make a peace with her?

5- the period of 2 years is expired and am not make any action for the immigration cos the lawsuit was in process what can I do now?

6- What’s remove condition in my case?

[Ban Hammer 13,403]

moved from mena to Effects of Major Family Changes on Immigration Benefits

[Penguin_ie 5,994]

I am unclear whether you are in your country still, or in the USA. MY answers below are because I think you are still in your country? If you are in the USA now, we need more info (what visa did you come on, did you do AOS etc).

1. You can apply for a visa, but you would need to do this yourself (tourist visa, work visa). You cannot immigrate based on your marriage as your wife has not filed the necessary papers and it looks like she is unwilling to do so now.

2. Immigration may have taken note of your wife's allegations, but until/ unless you apply for a visa, it is impossible to say whether they believed her.

3. Why would you need to? It will not affect any visas (because you cannot get one without her help), nor a divorce. The best thing to do is to get a divorce lawyer and get divorced, so you can move on with your life and find someone else.

4. Not unless you qualify for a visa by yourself.

5. You cannot do anything about immigration; it doesn't matter if it';s been 2 weeks, 2 years or 2 decades, it is the US citizen that needs to petition for the visa, and she has not.

6. Does not apply

[Bernie C 24]

Dear Visajourney.com members!

I need help. I married from 3 years from American spouse throw notarization I certainly entered into the marriage in good faith .we get married on my country and then she leaved to USA and she was return to my country aging to take me to USA to leave together. Throw this period the contact between me and her by phone and massage. Her family has never been supportive about us. Her family put pressure and stress to get the divorce.

She needs to prove the marriage is untrue (marriage to be annulled) she made lawsuit front court in my country. Now the court proved the marriage is legal and the marriage is still continual.

She makes complaint in American embassy in my country to forbid me from travel to America.

Now I need to ask

1- Can I have immigration?

2- Is this case is effect when I need to travel to USA in future?

3- What can I do (steps) to prove the marriage was in good faith?

4-can I have any chance to travel to make a peace with her?

5- the period of 2 years is expired and am not make any action for the immigration cos the lawsuit was in process what can I do now?

6- What’s remove condition in my case?

I'm certainly no expert - hopefully someone can help more.

1) Was there an initial CR-1? If the visa process was never fullfilled and a visa was not approved and issued you cannot immigrate under that process.

2) It may affect your ability to obtain a visitor visa - not sure about that

3) It seems irrelevant whether the marriage was in good faith at the time or not - if the visa process was never fullfilled then you are simply a foreign national maried to a USC

4) You might be able to obtain a visitor visa - I dont know how your current status may affect that

5 & 6 - Not sure how it works if a foreign national wants to revoke a visa in process or if it just dies after a certain period of inactivity.

[SunDrop 59]

Dear Visajourney.com members!

I need help. I married from 3 years from American spouse throw notarization I certainly entered into the marriage in good faith .we get married on my country and then she leaved to USA and she was return to my country aging to take me to USA to leave together. Throw this period the contact between me and her by phone and massage. Her family has never been supportive about us. Her family put pressure and stress to get the divorce.

She needs to prove the marriage is untrue (marriage to be annulled) she made lawsuit front court in my country. Now the court proved the marriage is legal and the marriage is still continual.

She makes complaint in American embassy in my country to forbid me from travel to America.

Now I need to ask

1- Can I have immigration?

2- Is this case is effect when I need to travel to USA in future?

3- What can I do (steps) to prove the marriage was in good faith?

4-can I have any chance to travel to make a peace with her?

5- the period of 2 years is expired and am not make any action for the immigration cos the lawsuit was in process what can I do now?

6- What’s remove condition in my case?

So, to make sure we understand clearly your situation:

You got married in Egypt 3 years ago to a US citizen. She returned to the US, having agreed to file a CR-1 petition for you to immigrate there. Over the past 3 years, you have had contact by phone and messages (letter/ email?). Her family don't support the marriage and pressured her to file for divorce. However, her attempts to get the marriage annulled in Egypt were unsuccessful. She has made a complaint about you to the US Embassy in Cairo.

1) Yes, if she supports the petition. It must be made by the US citizen, however. No, if she is trying to divorce you.

2) Not sure of your question: what case are you referring to?

3) Why do you need to prove the marriage was in good faith? If she doesn't want to stay married and won't file a petition, there is no need to demonstrate good faith.

4) You would have to apply for a tourist visa, and being married to a US citizen could make this very difficult indeed to obtain. They will want to know that you are intending to return to Egypt, and have sufficient ties to satisfy this.

5) If you mean that you have been married for 2 years, the only thing it changes is that you would be granted a 10 year green card, if she petitions for you and you are successful. Again, SHE has to file a petition.

6) Not sure of your question: you don't need to remove conditions because you don't have a green card.

Edited to add: What kind of complaint has she made to the US Embassy?

Edited March 13, 2010 by SunDrop

[Old Dominion 26]

If she never petitioned the US to bring you here, then there is nothing you can do. It makes no difference if your marriage took place in good faith. She is in charge, at this point. You can try to get a tourist visa, but first you will need to have strong proof that you must return to Egypt -- job, bank accounts, own your own home, etc.

[Kathryn41 3,205]

Thread moved from Removal of Conditions forum to Effects of Major Family Changes forum and merged with previously moved thread. Duplicate post removed.

[JimVaPhuong 4,863]

Dear Visajourney.com members!

I need help. I married from 3 years from American spouse throw notarization I certainly entered into the marriage in good faith .we get married on my country and then she leaved to USA and she was return to my country aging to take me to USA to leave together. Throw this period the contact between me and her by phone and massage. Her family has never been supportive about us. Her family put pressure and stress to get the divorce.

She needs to prove the marriage is untrue (marriage to be annulled) she made lawsuit front court in my country. Now the court proved the marriage is legal and the marriage is still continual.

She makes complaint in American embassy in my country to forbid me from travel to America.

Now I need to ask

1- Can I have immigration?

2- Is this case is effect when I need to travel to USA in future?

3- What can I do (steps) to prove the marriage was in good faith?

4-can I have any chance to travel to make a peace with her?

5- the period of 2 years is expired and am not make any action for the immigration cos the lawsuit was in process what can I do now?

6- What’s remove condition in my case?

In order to get a spousal visa to come to the US you must:

1. Be married to a US citizen.

2. The US citizen must submit a petition on your behalf to USCIS.

3. When the petition is approved, you apply for the visa at a US consulate.

If she won't submit a petition, then you can't get a spousal visa. It's really that simple.

"Good faith" and "removal of conditions" applies to someone who is already in the US, and already has a conditional green card. In that case, they can self petition to remove the conditions on the green card if the marriage ended in divorce, and they can prove they entered the marriage in good faith. You don't have a green card, conditional or otherwise, so this doesn't apply to you. If she submitted a petition at this point, and your visa were approved, you'd get an unconditional green card because you've been married for more than two years. However, if she doesn't submit a petition, then you aren't getting a visa or a green card.

The odds of you getting a visitors visa are extremely low. Several paths to legal immigration exist for someone who is married to a US citizen after they legally enter the US. For example, she could simply sponsor your green card application while you stay in the US. No visa would be required if you're already in the US, though there is a risk if they determine you intended to immigrate when you entered the US with a non-immigrant visa. If she refused to cooperate in filing for a green card, you could petition on your own for a green card by claiming she abused you. One of the requirements for such a claim is that the abuse occurred in the US. Neither of these pathways are available to you until you actually arrive in the US.

The consular officers are smart enough to know that these possibilities exist if you come to the US. Because she has contacted the consulate, they already know about the marriage and her attempts to have it annulled. I don't think they would grant you a tourist visa under any circumstances. They would conclude beyond any doubt that you intended to immigrate.

[leahandlucas 15]

it would help if the OP responded because we're all still unclear if he is actually inside/outside the U.S.

[JimVaPhuong 4,863]

it would help if the OP responded because we're all still unclear if he is actually inside/outside the U.S.

From the following statements, I think it's a fairly safe bet he's still in Egypt:

...

She makes complaint in American embassy in my country to forbid me from travel to America.

...

2- Is this case is effect when I need to travel to USA in future?

...

4-can I have any chance to travel to make a peace with her?

[justashooter 430]

the original question speaks for itself.