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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Unhappy Married 9 Years, No Papers Filed, Husband Wants to Divorce

    G'day,

    First off thankyou for your time in reading this.

    I need some advice on a very painful situation i have, i'll try to keep it simple with as much info as possible.

    Myself and my daughter are from Australia, we came over to the US on a
    i-94w 9yr's ago, i married my husband whom is a USC before the expiration date and have been here ever since, our marriage was of "good faith" we had 2 children together and had made a life together
    ... due to lack of understanding, imaturity and money issue's, we never got round to filing any form's with INS, so myself and my eldest daughter have no legal status, we did earlier this year finally have the money and paper's set and ready to send out when my husband blind sided me with wanting a seperation, which has now turned into him wanting a divorce, much to my hurt pain and misery.

    He currently live's in VA and myself and the 3 kids are living with my mum in IN (she is a permanent resident and i do know that if she became a USC she could sponsor me, but due to certain reason's she can not)

    My question is knowing we are divorcing, yet knowing we had a marriage of good faith and there was no abuse, how do we go about filing for residency, if we can at all, do we have any option's.

    I am seeking legal help in this matter, but thought id ask here in the meantime.

    thankyou kindly in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Married 9 Years, No Papers Filed, Husband Wants to Divorce

    You really, really, really need to speak with an immigration attorney, and do that right quickly.

    I do not believe you have standing to file for residency at this point. You've been out of status a long time, and your impending divorce is only going to complicate matters even further.

  3. #3
    Join Date
    Nov 2008
    Posts
    2

    Default Re: Married 9 Years, No Papers Filed, Husband Wants to Divorce

    thankyou for the reply

    im waiting on a immigration attorney to call back, she wont be in till the 12th, asuming she even bother's to call, in which i will have to find another.

    Do you have any idea what "might" happen though?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Married 9 Years, No Papers Filed, Husband Wants to Divorce

    Worst case scenario, you and the eldest are deported and banned from re-entry for 10 years, the younger children may or may not remain here with their father.

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