Legal Question in Immigration Law in California
green card
dear sir,
I've married a us citizen for a year and half. i was a international student and visa status was leagal. since we've just married, i found out he is cheating on me. i tried so hard to maintain this marriage, but it didn't work out the way i want to be. my husband continuely having afair and he even want me to accept it. he did not physically abuse me, however, he did abuse me mentally. he even threats me that he may go to ins filing divorce. i would really like to end this marriage, because i couldn't live with someone that i couldn' respect him. please help! thank you very much!
3 Answers from Attorneys
Re: green card
Dear Madame: Thank you for contacting our office. I ams so sorry to hear about your situation. I strongly suggest that you immediately set up a consultation with our office or another qualified immigration attorney since there are many issues to review: 1) the effect of your marriage to a USC may help but it may also hurt in that you are perhaps out of status since you may not have filed any papers to immigrate. 2) if you did, where are you in the process? 3) have you had any immigration interviews? These are issues you must have reviewed not with a quick yes or no answer, but in depth and in the manner that will best serve to help you.
Re: green card
If you are currently a conditional permanent resident, you can apply to have your conditions removed through an I-751 petition. Normally, this is done jointly with your spouse. However, you can file for divorce and also apply for a waiver of the joint filing requirement through the I-751 petition.
Re: green card
It's not clear whether you're asking for advice on a divorce or to maintain your immigration status. Are you still a student or did you file a marraige-based petition?
If you are still a student, you still have OPT and may be able to adjust through employment. If you applied for permanent residence through marriage, then there may also be options.
Contact me for more information.
Sincerely,
Myron R. Morales
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