US Citizen Wife wanting divorce after 5 years of marriage. Never filed AOS - I am visa overstay. No valid ID. Help!

[NeedYourHelp1982 0]

She has moved out on May 1st this year though we are still friends and trying to work on our relationship. She has spoken with a divorce lawyer and drawn up some preliminary divorce papers for an uncontested divorce.

We have been together as a couple since 2005 (only couple summers apart). I last came to the US in end of summer 2006 and overstayed. We got married in 2011 so it's been a little over 5 years of marriage and about 10 years of living together with lots of proof of a bona fide marriage (trips, wedding with families, shared cell phone plan for years, own condo together). We met a lawyer for AOS almost 2 years ago. Kept procrastinating out of fear of getting the ball rolling - got into a lot of fights as a result (my fault). Our lawyer now says with her living apart and divorce likely that it wouldn't be good to file now even if there is some chance for reconciliation / some chance of divorce. I have no SSN, no means to support myself, no ID - please help. Can't get a new passport without notice of action according to embassy. Can we still file if there is some chance we may reconcile and withdraw if it doesn't pan out or would that be considered fraud? Does the 5 years of legitimate marriage mean anything? Can I get a waiver? She is planning on leaving me our condo if we divorce which is of considerable value - would that help in proving I won't go on government welfare? Should I apply to finish my degree as an undocumented student (almost completed?) Do I need to find a divorce lawyer that also specializes in immigration law?

Between potentially losing the love of my life, all my friends if I get deported and no work history for years I feel so hopeless. I don't even know what country I would get deported to - I have no close family now in my country of citizenship and have lost status in the country where my passport was issued (and family has moved from there too). None of my closest families who are in a third country now are aware of my situation.

[canadian_wife 1,823]

I do not believe you can lose status of a country that has issued you a passport. Passport is proof of citizenship correct? Your profile says HK, so you can potentially leave for HK.

You have no status in the U.S. to adjust from without a true and valid marriage to a US citizen. If you are not in a legit marriage (sounds like you are on the way to divorce) I do not suggest you file for AOS.

Good luck - so sorry to hear of your situation.

[EM_Vandaveer 2,408]

I agree with the previous poster. The tîme to do this was when you got married. Now, heading for divorce you cannot do it. You would have to attend an interview with your wife. What would you say? You cannot lie.

[aleful 1,905]

hi

unless you reconcile with your wife there is nothing you can do now

you have to prove that your marriage is bona fide, which is not in this moment, since she is thinking of fling a divorce instead of filing for a green card for you

[NeedYourHelp1982 0]

I agree with the previous poster. The tîme to do this was when you got married. Now, heading for divorce you cannot do it. You would have to attend an interview with your wife. What would you say? You cannot lie.

Would not lie at the interview. Would withdraw if we were still not together at that point / divorce has gone through.

Applying now with hope that things may get better would allow for SSN, new passport (no valid one currently) ... but obviously don't want to commit fraud.

[dwheels76 5,468]

Would not lie at the interview. Would withdraw if we were still not together at that point / divorce has gone through.

Applying now with hope that things may get better would allow for SSN, new passport (no valid one currently) ... but obviously don't want to commit fraud.

So you have been here 10 years and have notwork at all? What have you been doing? If your wife is filing for divorce no there's no waver for you at all sorry.

I'm not understanding you being here illegally and waiting 10 years. Like why now you want a SSN and all that?

[NeedYourHelp1982 0]

I was happy being the homemaker / emotional support system for my girlfriend and then wife while figuring out what I wanted to do with my life. I got complacent. Now I have to fend for myself - no choice.

Should I find a divorce lawyer who also has some specialization in immigration issues or does that not matter?

[EM_Vandaveer 2,408]

You even live apart now. How would your wife agree to sign I-864 (affidavit of support) for you? A lawyer can't help you with immigration as there is no way for you to get a GC in your present situation.

Edited June 17, 2016 by EM_Vandaveer

[NeedYourHelp1982 0]

You even live apart now. How would your wife agree to sign I-864 (affidavit of support) for you?

We live one block away from each other and see each other each day / every other day and communicate several times a day. I still do her laundry.

If it not considered fraud she would sign the affidavit of support.

You even live apart now. How would your wife agree to sign I-864 (affidavit of support) for you? A lawyer can't help you with immigration as there is no way for you to get a GC in your present situation.

Saw your edit. Thanks for your reply.

[EM_Vandaveer 2,408]

We live one block away from each other and see each other each day / every other day and communicate several times a day. I still do her laundry.

If it not considered fraud she would sign the affidavit of support.

Saw your edit. Thanks for your reply.

You are still married, technically you can file I suppose, but unless you are reconciled & living together at the time of the interview, you will be denied.

[Hypnos 6,576]

You no longer have a petitionable bona fide marriage, since you're commencing divorce proceedings.

She would need to file an I-130 as part of any AoS for you, and to do so in the midst of divorce would be the textbook definition of immigration fraud. Same with the I-864 - even if she's willing to sign it.

You should make preparations to return to your home country. You have no path to permanent residency.

[Mollie09 1,543]

Having had a bonafide marriage in the past is not grounds for AOS. The whole point of AOS (and immigration for IR) is being with your relatives. She's about to be a former relative, so you no longer need immigration benefits.

[NeedYourHelp1982 0]

Having had a bonafide marriage in the past is not grounds for AOS. The whole point of AOS (and immigration for IR) is being with your relatives. She's about to be a former relative, so you no longer need immigration benefits.

Sorry - I thought people got waivers when AOS was filed and things went south shortly after the interview for example even if that meant not being with your relatives. I know this isn't the same though due to my own stupidity.

Is there a waiver to avoid the 10 year bar?

[Ebunoluwa 6,136]

Sorry but the basis to adjust status does no longer exist with a divorce, the past (marriage) does not count towards being able to adjust.

You would have to be in a genuine bona fide marriage and prove it with evidence, too late, that ship has sailed.

[Hypnos 6,576]

There are waivers for both immigrant and nonimmigrant visas. Your INA 212 unlawful presence bar would be activated upon your departure from the US, and you would be barred for ten years, assuming your I-94 isn't marked "D/S".

Edited June 17, 2016 by Hypnos