Can I still stay in US legally

[lightup]

Hi everyone, I need helps on my strait. I'm a Chinese citizen and married with an american early this year in the States. We had found out that we are utterly incompatible and thus we decided to seperate 2 months ago. though I was informed that my AOS interview is scheduled in the end of January next year which is just around the corner and I understand that if we still pretend a desire of keeping our marriage in the interview(and i'm sure if i asked my husband for that he would push for it) i can easily have the green card to be issued but i do not like lies and it's out of my principles. However, I've had a good job and I can support myself for a living over here and have socials in the US . I'd like to stay in the country. I know if we tell the AOS interviewer the truth that we've seperated or we file a divoice before the interview,I cant obtain the GC. The question is since I'm employed and self-sufficient would it be possible i can still live and work in US legally without the green card? I have Employment Authorization Card valids untill May next year.

 

Any replys would be appreciated, thanks lots in advance.

[tonymasiello]

You should consult with an experienced immigration attorney who can properly advise you what is legally possible under your circumstances. At the very least, you would need to obtain a different class of visa in order to remain in the States legally and be able to work.

[Randy W]

If your employer is willing to sponsor you, this would be no problem. My company does this regularly, but for people with an advanced degree.

[frank1538]

First, this is no way should be viewed as giving legal advice. These are just my thoughts on the subject.

 

Filing for divorce or having a legal separation before the AOS interview is likely to result in a denial of your adjustment. Absent some other basis (employment, etc. as others have suggested), this could result in your having to leave the country.

 

However, the fact that you may have informally separated before the interview does not necessarily guarantee that you will be denied. As it relates to AOS based on marriage, it is important to remember that the intent of the process is to identify marriage fraud - marriages that were entered into solely for the purpose of getting a green card. The fact that you may have informally separated does not necessarily mean that your marriage was fraudulent, but if known to the immigration officer conducting the interview, it certainly will not look good. I would definitely assume that the question will come up during the interview, so you will need to be able to address it honestly. I have heard of some instances where a couple has separated prior to the interview but were seeking counseling through the church or with professionals. Some of these couples were able to show that the marriage was not fradulent despite the fact that there were problems. Absent such proof though, the consensus seems to be that the AOS will be denied.

[tonado]

If you pass the AOS interview in January, you might have to wait for the security check before receiving the green card. It may take 6 mouths. If you separate prior to getting the green card, you might not get the green card.

[warpedbored]

You are in a sticky situation. The whole purpose of the visa is so you can be together with your husband. If you and your husband are not together then there is no legal basis for you to be here. There are some provisions for abused women to allow them to stay here but that isn't the case. You said you and your husband are merely incompatable. The fact that you have a job isn't enough. You probably should consult with a good imigration atorney to find out what your options are but one thing is certain. You can not legally adjust status by pretending that your marriage is still intact. Both you and your husband could be arrested for visa fraud.

[Randy W]

If you were mexican, then you could sneak across the border and work no problem.

 

Sorry the system sucks.

177007[/snapback]

 

 

She has the advantage here in that she is already across the border - no sneaking is needed. Getting a work-related visa could be a problem, however, but she probably has the advantage there as well.

[Guest pushbrk]

Hi everyone, I need helps on my strait. I'm a Chinese citizen and married with an american early this year in the States. We had found out that we are utterly incompatible and thus we decided to seperate 2 months ago. though I was informed that my AOS interview is scheduled in the end of January next year which is just around the corner and I understand that if we still pretend a desire of keeping our marriage in the interview(and i'm sure if i asked my husband for that he would push for it) i can easily have the green card to be issued but i do not like lies and it's out of my principles. However, I've had a good job and I can support myself for a living over here and have socials in the US . I'd like to stay in the country. I know if we tell the AOS interviewer the truth that we've seperated or we file a divoice before the interview,I cant obtain the GC. The question is since I'm employed and self-sufficient would it be possible i can still live and work in US legally without the green card? I have Employment Authorization Card valids untill May next year.

 

Any replys would be appreciated, thanks lots in advance.

176980[/snapback]

You've received some good advice including finding an immigration attorney. The only thing I have to add is that to lie to immigration authorities is all it takes to assure you will never be a legal resident of the USA.

[tonymasiello]

If you were mexican, then you could sneak across the border and work no problem. 177007[/snapback]

I don't see the distinction. There are people from all parts of the world who cross the border into the USA, some of them legally. Once their legal status expires, they are not legally authorized to work, but many of them do.

[NY-Viking]

If you pass the AOS interview in January, you might have to wait for the security check before receiving the green card.  It may take 6 mouths.  If you separate prior to getting the green card, you might not get the green card.

176997[/snapback]

6 mouths??? Wow. So you have to have a lot of kids before getting the card?

 

To the OP, if you're only applying for the 2 year conditional green card, you'd need to apply to change status after 2 years, and even if your husband "helps" you at this stage, would he be willing to go along with the fascade 2 more years?

 

Regardless, lying to immigration is just a bad idea, and if discovered you'd likely have to leave the country, and you would have trouble coming back under any legal status.

 

Sounds like you don't want to do this though, anyway, so like others have suggested, talk to an immigration attorney. Your employer may be able to get you a legal status.

Edited December 20, 2005 by NY-Viking (see edit history)

[m-coon]

I may get "black balled" out of CFL for saying this but I feel a strong need to say this:

This woman has been through a LOT! She has met and married an American who obviously has disappointed her and has probably broken her heart. She has endured the very hard and long visa process. She has given up everything she has ever known to come to America to be with the man she loves. Now she is (more or less) lost here and scared. I think we should give her a break! Although none of us want to do anything illegal or tell somebody else it is ok to do something illegal... but come on people... If all the other foreigners can come to the US and stay here illegally - why can't she attempt to stay here either legally or illegally??? Why can't we try to tell her things a bit more positive? Don't scare her into thinking she has "no options". She has plenty of options. We all know there is little to no chance the US will ever deport her. I just think we can be of more help to her than to say to find an attorney and if there is no legal way to stay - she must go home!

Scott

[Guest Mr. Honest]

This thread is exact type of manipulation of the immigration process and an American man by an opportunistic foreign woman. Although, she stated she does not like to lie…."HOWEVER". Translated, she has already thought out the process to illegally lie, make false statements, and file false and misleading documentation to stay here. She then came here to Candleforlove.com for further advice on how to accomplish this. She was then supported and given suggestions, by some members, on how to illegally stay here.

 

This is NOT the purpose that this website was originally set up for, but has now turned into. This has occurred several times before. Therefore, I have made a hard copy of this posting and will send it to each immigration processing center. I will also provide them with a link to this website so they can see for themselves how members are instructing foreigners to manipulate the immigration process by making false statements or not divorcing until the AOS has finished. I will also provide the addresses and names of the administrators who are providing a forum for this activity and advice to be given. This tread should have been immediately deleted or locked, but it wasn't.

 

Hopefully, they will close down this website down, or a least take some sort of action to prevent this type of manipulation from occurring on this website.

[Randy W]

This thread is exact type of manipulation of the immigration process and an American man by an opportunistic foreign woman.0„2 Although, she stated she does not like to lie?."HOWEVER".0„2  Translated, she has already thought out the process to illegally lie, make false statements, and file false and misleading documentation to stay here.0„2 She then came here to Candleforlove.com for further advice on how to accomplish this.0„2 She was then supported and given suggestions, by some members, on how to illegally stay here.

 

This is NOT the purpose that this website was originally set up for, but has now turned into. This has occurred several times before.0„2 Therefore, I have made a hard copy of this posting and will send it to each immigration processing center. I will also provide them with a link to this website so they can see for themselves how members are instructing foreigners to manipulate the immigration process by making false statements or not divorcing until the AOS has finished. I will also provide the addresses and names of the administrators who are providing a forum for this activity and advice to be given. This tread should have been immediately deleted or locked, but it wasn't.

 

Hopefully, they will close down this website down, or a least take some sort of action to prevent this type of manipulation from occurring on this website.

177045[/snapback]

 

I find it hard to believe than a law could be broken by either not getting or by delaying a divorce!

 

. . . and of course Mr. Honest is your real name, and not a new member name created solely for the purpose of hiding your identity.

 

Edited December 20, 2005 by Randy W (see edit history)

[Cerberus]

This thread is exact type of manipulation of the immigration process and an American man by an opportunistic foreign woman.  Although, she stated she does not like to lie…."HOWEVER". Translated, she has already thought out the process to illegally lie, make false statements, and file false and misleading documentation to stay here.  She then came here to Candleforlove.com for further advice on how to accomplish this.  She was then supported and given suggestions, by some members, on how to illegally stay here.

 

This is NOT the purpose that this website was originally set up for, but has now turned into. This has occurred several times before.  Therefore, I have made a hard copy of this posting and will send it to each immigration processing center. I will also provide them with a link to this website so they can see for themselves how members are instructing foreigners to manipulate the immigration process by making false statements or not divorcing until the AOS has finished. I will also provide the addresses and names of the administrators who are providing a forum for this activity and advice to be given. This tread should have been immediately deleted or locked, but it wasn't.

 

Hopefully, they will close down this website down, or a least take some sort of action to prevent this type of manipulation from occurring on this website.

177045[/snapback]

Whooooooooo! Mr Honest! You forgot to mention the law suit!

 

ASSHAT!

[Jeikun]

This thread is exact type of manipulation of the immigration process and an American man by an opportunistic foreign woman.  Although, she stated she does not like to lie?"HOWEVER". Translated, she has already thought out the process to illegally lie, make false statements, and file false and misleading documentation to stay here.  She then came here to Candleforlove.com for further advice on how to accomplish this.  She was then supported and given suggestions, by some members, on how to illegally stay here.

 

This is NOT the purpose that this website was originally set up for, but has now turned into. This has occurred several times before.  Therefore, I have made a hard copy of this posting and will send it to each immigration processing center. I will also provide them with a link to this website so they can see for themselves how members are instructing foreigners to manipulate the immigration process by making false statements or not divorcing until the AOS has finished. I will also provide the addresses and names of the administrators who are providing a forum for this activity and advice to be given. This tread should have been immediately deleted or locked, but it wasn't.

 

Hopefully, they will close down this website down, or a least take some sort of action to prevent this type of manipulation from occurring on this website.

177045[/snapback]

 

Sorry, but no one here least of all a moderator suggested this woman break the law. And this isn't China, so the government isn't going to shut down the site for members having opinions. If we were specifically offering assistance to her (as in call me, I know a guy) that might be different. You must do what you feel is right of course, but I will not be intimidated into deleting or locking a post - and this post will not be deleted or locked unless it veers away from CFL guidelines.

 

With that said - I don't want to read anyone posting any "beat the system gray-area illegal advice" here either. That's not what this site is about. Those specific posts may be deleted.

 

I had a similar situation in my first marriage, and may have some useful experience here. My ex wife and I seperated several months before our AOS interview. She got a lawyer who for 3,000 swore to her all she had to do was go to the interview, and would be given the oppertunity to file a request for an exception as long as the marriage was entered into in good faith, bla bla bla - he was full of it. Those guys can take advantage of you and take your money because if they fail you, you get deported and won't be around to complain. For my part I refused to do anything shady or illegal to help my ex stay in the country. She went to the interview by herself, was turned down with no chance to speak, the case was forwarded to a judge who signed a deportation order. This process took several months. While this was all in the works she was still LEGALLY in the US. The deportation order will have a date that you must leave by. As long as you don't stay past that date, there has been no fraud, you have done nothing illegal, and it will not be held against you if you attempt to re-enter the country because you did every thing by the book.

In my ex wife's case, during this time period she found an employer that was willing to sponsor her and she applied for a work visa, it was granted, and she was allowed to legally remain in the US.

Just for the record, my ex was in the US for years on a student visa, and we applied for AOS before her student visa expired - she was not on a green card hunt - but after over 5 years of living here was not too keen on going back home.

 

My advice - speak to an attorney, but take their advice with a grain of salt, especially if they promise you the world for a large sum of money. Look into getting a work visa or student visa BEFORE the AOS if possible. Also, DO NOT lie about anything. As a member said, that's a sure way to be sure you will never be in this country legally again - and it could have legal repercussions for your husband.

 

Getting a divorce is not a crime, and neither is wanting to be a US citizen. Just don't let your desire to stay in this country move you to do anything "sorta-legal" or downright illegal, it's not worth it. Pursue your options, and if time runs out - go back to China as required and you will still have a good chance of coming back legally at a later date.

 

Just my 2 cents.