My U.S. Citizen Spouse Won't File My Immigration Papers

[niki2020]

My question involves a marriage in the state of: Virginia

I got married a few months ago to a man who vowed to love and support me no matter what. I am a British citizen who came here on a student visa. My studies ended just before Covid started and my boyfriend of 2 years asked me to be his wife - that way I do not have to return to England - we intend to start a family here in the US. We got married in July 2020 and like a switch, he flipped and would not file my immigration papers. We leased a house together to which he has the keys but he has refused to come home. I am currently out of immigration status and I am desperate as I hate to think of what could happen to me as a result.

My question is, Is there a way I can have my status changed to legally remain in the US (as a spouse of a US citizen) even though he has refused to file my immigration papers? Even though I feel abandoned by him, according to the state of Virginia, I do not have any valid reasons (grounds for annulment) to ask for the marriage to be voided. I have also thought about filing for a divorce but I don't know if that would mean I have to return to the UK. Because I have overstayed my student visa (he encouraged me to stay here and marry him), returning to England now would mean I may not be able to come back here. I started a business over a year ago that I poured all my life savings into and I've made a home for myself in this country; I have nothing to go back to in England. I feel stuck and desperate. Please advise.

[adjusterjack]

Consult an immigration attorney ASAP.

[flyingron]

I agree with AJ. If you putative husband isn't going to put forth the effort to adjust your status, you're in a world of hurt. You don't get any rights for just being married to a US citizen.

[niki2020]

@adjusterjack and @flyingron Thank you both for your comments.

[Zigner]

How is it that you started a business while on a student visa? That's not what student visas are for...