Legal Question in Immigration Law in Georgia
I am a man that is in this country from France. I am married to a US Citizen, have been for about 8 months. We separated after about 45 days of us being married. I want to marry my current girlfriend. If I divorce my current wife, and marry my girlfriend who I live with, will I be able to stay in this county? My current wife has recently reminded me that we have an immigration interview at the end of February. She wants me to back to her, until the interview. I really don't want to do that. Do I have any options at all?
2 Answers from Attorneys
If you don't attend the interview, your application for adjustment of status can be denied, and you will be referred to Immigration Court for deportation if your period of authorized stay had expired.
Even if you attend the interview together with your wife, but the CIS officer doesn't believe that you are living with your wife and that your marriage is real (bona fide), you can be denied as well.
If you came from France on a Visa waiver (authorized period of stay up to 3 months), you will be in a difficult situation.
You should consult a knowledgeable immigration attorney.
If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
Yes you may have some options. It is important to discuss them as you are in a vulnerable position and what you do now could potentially affect the rest of your life. One important question: your girlfriend, is she a U.S. citizen? If yes and you wish to marry her, then you might withdraw the first case while divorcing and reapply through your second wife (to be). If you do not wish to marry your girlfriend, then other immigration options would have to be explored. For the short term, you status will revert to the status you had before permanent residence application including possibly an expired status. This could cause unlawful presence issues in the future. Of course there's more to it all than this and ultimately your qualification for immigration status will depend on a number of factors that can't be addressed on email. Suffice to say, yes, you may have some options.
The above is general information. It is not legal advice and does not form an attorney client relationship. For further information feel free to call me at 818 609 1953 or write me at [email protected].
Sincerely,
Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law
State Bar of CA., Bd. of Legal Specialization
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