D/S on My I-94

[Monster28]

Hello,

I entered the U.S. 11 years ago with Sumer Work/Travel visa. I decided to stay and applied for the extension. After that expired I had no status until couple of years later when I got married to a U.S. citizen.

My paperwork took a long time due to insufficient evidence; while it was pending I was able to obtain EAD. 5 years later I received a letter to appear at court regarding my case. I didn't go to the court because my husband and I were seperated. Later I received a letter stating that my case was denied because of my no show. My last EAD card expired on April 2010.

What is my status? Do I have no status or am i out of status or am i considered an illegal?

Also, when I entered the U.S., my I 94 card has stamped entry date and J1 S/D written on it and my pink slip said that i am a subject to a 2 year residency requirement.

Please, I would appreciate any feedback regarding if i will have to face 10 year ban

[T53147]

You have bigger problems than just a 10 year ban. You need a lawyer to advise you of your possible options of ever returning to the US (which I doubt will ever be possible). You do realize that you are subject to detention.

[Monster28]

Thank you so much for your feedback.

What are your thoughts on me marrying my boyfriend? He has proposed to me and I have accepted but Im not sure if i should go ahead and get married again, just because i was married and my case was denied. Is that a red flag waving over my head?

[T53147]

Marrying your boyfriend is not going to allow you to live and work in the US legally anytime soon - if ever - with your current immigration problems. Marry him only if he is willing to leave the US to live with you and pay tens of thousands of dollars to try to get you permission to reenter.

[Monster28]

T53147, thank you for your reply.

I was reading posts on other on-line forums and it seems that this problem is quite common.

What, in your opinion, is the biggest obstacle? is it the fact that my case was denied or the 2 year residency requirement or something else?

I see how getting married for the second time would look suspicious to immigration, but the truth is that people fall in and out of love all time. Why do you think that I won't be able to live and work in the u.s. if i get married? If i file again, then i should be able to get my EAD in 3 months, no?

[T53147]

You could have a deportation order. You have the 2 year residency requirement which is not automatically waived by marriage to a USC. You are likely illegally present and subject to detention while awaiting deportation.

You need an attorney not a forum.