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proceed after separated???

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I'm new to this site and I think my situation is a bit complicated, though I imagine that is said fairly frequently on a site like this.

Here is what's going on. I am Canadian and I have an american husband. We were married nearly 2.5 years ago and upon marriage my husband moved to Canada with me because I have a daughter from a previous relationship and due to custody arrangements it was the easier option, despite our desires to live in the US. We did the Canadian immigration papers and my husband became a PR of Canada after the first year. After that time my ex decided that he would be okay with us moving to the US and I discovered I was pregnant. So after the baby was born, my husband and I began the immigration papers for him to sponsor us to immigrate. We filed the i-130's and paid the fees.

Then literally weeks after our two year anniversary, I discovered that my husband was having an affair with a coworker. He asked me to take the kids and find somewhere else to stay so that his 'gf' could move into the rental unit with him. I was not working due to our son o nly being a few months old and had no money saved up so I, having very limited options, asked my mother (whom I do not have the best relationship with) if we could stay with her for the time being.

Despite now being separated from my husband, it is still my desire to live down in Alabama where my husband is from. I am very very close with his family, more so than my own. I feel it would be in my children's best interests to live down here where they would be surrounded by loving and supportive family. I've been down visiting with them for 2 months now, and during this time here I've found a place I could live in, a car I could have, and even been offered a job all if I lived down here. My husband has expressed that he also feels it would be best for me and the kids to live here due to the abundance of supportive family, and also told me that the I-130's were approved and has kept all the papers. There has been a few conversations with my husband that have led me to believe that maybesome day down the road my husband and I might reconcile, though right now he is happy being with this other woman. But he has no immediate plans to divorce me, and I know he himself would eventually end up back down in Alabama and I feel it would be easiest for us to reconcile our marriage if we all lived down here.

So that is my situation, and I guess my question is.. Is there anything I can do to continue to immigrate down here with my kids? I've heard of a few cases where mid process couples separated and were still able to apply for PR, but I'm not sure on the details or if they were similar to my situation or not. If anyone has any advice or insight, please let me know

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Unfortunately you do not have a bona fide marriage right now, and so any attempt by you and your husband to obtain permanent residency for you could be construed by USCIS as immigration fraud.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Agree with Hypnos.

Part of the problem is that they require PROOF of not only a Bona fide marriage ( a true marriage), but ALSO an ONGOING marriage.... You have to prove that it continues in good faith. And if you did lie and get caught.... it is considered immigation fraud. I cant remember if its a 10 year ban or permanent ban.

Your best option is to find yourself an American man who can treat you like a lady and then marry him for the right reasons. Not all Americans are like that...

Edited by Karmalious


1/2/2015 - Petition sent to Phoenix Lockbox

1/6/2015 - NOA #1 Receipt

7/1/2015 - NOA #2 Approved

7/10/2015 - Email from Nebraska stating sent the case to NVC


7/16/15 - Case Received by NVC

7/30/15 - Case number assigned

8/3/15 - DS-261 Agent available

8/4/15 - DS-261 Agent completed

8/4/15 - AOS fee available & paid

8/6/15 - Check cleared the bank & bar-code cover sheet now available

8/13/15 - AOS Packet & IV Packet sent to NVC by priority mail

8/15/15 - IV fee available & paid same day

8/17/15 - NVC received package

8/19/15 - Check cleared the bank & DS-260 available & DS-260 completed!!! ALSO, we received email notification from NVC that they received package on 8/17

- Case completed at NVC

- Case sent to Embassy on this date


- Embassy received packet

- Wife received Packet 3/4 Instructions

- Medical appointment

- Interview

Point of Entry

- Enter Austin, Texas

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