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  1. #1
    Join Date
    Feb 2007
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    2

    Default Illegal Alien, Divorce, and Custody

    I don't know where to start really, I could write a whole book on my issues, I'll try to be as succinct as possible. OK, I'm Australian. I came to the US on a tourist visa, got married, overstayed my visa. Initially, I thought I could go back to Australia every year and reinstate my status. Well, I didn't realize that I had already overstayed my visa by several months after checking my passport. Before leaving Australia, I actually purchased a 1 year visa, mistakingly thinking that this was how long I could stay in the US before my visa would expire. The stamp in my passport only allowed me to stay for six months. Anyway, that was way back in March 2000. Fast forward now to 2007 and five kids later, we are getting a divorce. Very unfortunate but life goes on. We did file immigration papers back in 2001, I think, but never pursued it any further since we never got a response from INS. Mainly because we moved and didn't bother informing INS of our address change. Now that we've both decided that our marriage is not going to work out, I am basically clueless as to what my options are. Leave without my kids (since my husband says they'll never let me have the kids because I'm illegal). Stay and remain illegal (but divorced) which doesn't give me a whole lot of options in terms of supporting myself, or stay in a bad marriage.

    When I say bad marriage, I mean, a marriage where my husband is seeking to marry other women and is emotionally draining me with his quest to find another spouse, constantly. I don't know if I can apply for "special immigration status" as it's not classified as domestic violence, although I would think it would be called emotional abuse. I am a stay-at-home mom and don't have any funds to obtain professional advice. Please help, what are my options? The ideal would be to stay legally (but divorced) with shared custody of the kids.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Illegal alien, divorce, custody

    Your immigration situation is a mess. You don't indicate what country you are presently in, but I'm assuming the United States. If your question is, "I'm in the U.S. - can I stay here?", you should get help from an immigration lawyer ASAP.

  3. #3
    Join Date
    Feb 2007
    Posts
    2

    Default Re: Illegal alien, divorce, custody

    Mr. Knowitall
    Your immigration situation is a mess. You don't indicate what country you are presently in, but I'm assuming the United States. If your question is, "I'm in the U.S. - can I stay here?", you should get help from an immigration lawyer ASAP.

    Thanks for replying Mr. Knowitall. Although, the tip you've given me isn't that helpful. I currently live in Texas. I want to know what my options are. I have no money for a lawyer. Most important of all I need to know what direction to take first. I know my situation is a mess, pointing it out is just making me more stressed out. Don't mean to be rude or anything but does anyone have any suggestions for me?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Illegal alien, divorce, custody

    Nobody here can help that your situation has devolved to its present state, or that its complexities take it outside the realm of what can be reasonably addressed in a forum. You aren't even sure what, if anything, you've previously filed with the USCIS or the status of those filings.

    If you want to petition to adjust your status on the basis of marriage, you need to be married.

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Illegal alien, divorce, custody

    I really think you need to fine a way to at least consult with an Immigration Atty on this...Many will offer a free initial consultation.

    Good luck!!

    Bay

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