Legal Question in Immigration Law in California

from marriage to marriage

I got married a few months ago from F-1 but even though my husband said that he would want to have a child he changed his mind. I am 36 & do not have too much time until my childbearing years are over. We are supposed to get an interview by the end of this year (according to the SNA, CA Imm. office). What will happen to me if I file for a divorce after the interview, around the first anniversary based on this conflict? I love my husband but I cannot have a life without a child & he is not willing to change his mind. I can prove that we live together, it is not a problem, & anyway it is a real marriage. Is it an acceptable reason for the Immigration? Or will they deport me? What can I do? Concrete answers only, please, thank you.


Asked on 8/19/03, 10:18 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: from marriage to marriage

As you know, the joint petition to remove the condition on your green card has to be filed within 90 days before the second anniversary. A hardship waiver is available to excuse your lack of filing the petition but it's very difficult to be approved. You would need an attorney's help.

You have to prove extreme hardship to yourself, and that you were not at fault in failing to file the petition. If you were a battered spouse then it could work but that's a different scenario.

Liem Doan, Esq.

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Answered on 8/20/03, 9:20 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: from marriage to marriage

If you file for a divorce then you will risk deportation simply because the underlying basis for adjusting your status will no longer exist.

I therefore, suggest that you ask your husband to go to marriage counseling with you since your marriage seems like in the verge of collapse. Goof luck.

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Answered on 8/19/03, 10:28 pm


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