Legal Question in Immigration Law in Minnesota

I am a Filipina who got married to an American. We had our online relationship for 2 years before he went to the Philippines to see me and filed petition for a fiance visa. I got approved, came here and lived with him. We had a wonderful relationship in the first 2 months of my stay until 2 days before our wedding he told me that he owed money to a Filipina whom he met before me and had been sending him money for quiet a while. He said that they were just friends and that the girl was just helping him because she knew that he had been struggling financially. He also told me that the girl is in love with him and had been calling him all the time. I asked him to tell the girl that he is getting married but he refused because he didnt want to hurt her feelings because she had been so nice to him and that she is a wonderful woman. He promised that he will pay her the amount of more than $4,000.00 and then will end up his communication with her. Because he clearly said that they were just friends and that there is no strings attached between them I decided to marry him. After the wedding I noticed that my husband would go away from me sometimes when he received calls. His cellphone is on silent mode and he is always hiding it making sure i cant read his messages. I began to get hurt because I can feel that there is really something wrong between him and the girl. I can't sleep anymore and was crying all the time. I told him that I will go to my sister who is in another state while he will solve his problem with the girl. He didnt allow me and instead he borrowed money from his dad to pay to the girl. He said he will call her and will end his relationship with her but he wont let me listen when they talked. He just told me that they were over and that the girl just wanted half of the money he owed. I opened his cellphone bill and got the girl's number. I asked him if they had phone sex and he said yes. I asked if he told her he loved her and he said yes. He said its part of the package of their friendship. My world fell apart! I was so depressed and he kept begging for forgiveness. I gave him a chance. He changed his number to prove to me that they were over. One night I woke up in the middle of the night and I saw him opening his email. The next day I tried opening his email and I was successful. There I saw that he still had been communicating with her. He is really a cheater and again and again he kept lying to me. I was suffering depression and it wasn't easy. At the moment, I am waiting for the schedule of interview for the permanent residence card. But because of what my husband did I am really hurt and I think he just married me to help him take care of his 2 kids. I still keep crying because of it and I guess my relaionship with him is really got affected. I dont trust mu husband anymore. Every little thing he do I always think of something bad about him. I am not happy anymore and I want to get out from our mariage. Is there any way that I can get my permanent residence card without his help? It's really hard to live with the person you dont trust anymore. I hope i can get some useful advice from you. Thank you so much!

God bless!


Asked on 6/12/10, 2:41 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

No, you can't get a green card (permanent residency) without his help (his petition and your application for adjustment of status based on his petition).

Since you came to USA on a K-1 Fiancee visa to marry your petitioner fiance/husband, the only way for you to become a resident is through a marriage to him.

If you want to divorce him, you should be prepared to return to Philippines.

The situation you described is not a domestic violence or abuse, and I don't see grounds for a self-petition. On the other hand, unfortunately, your situation is somewhat typical for people who only had online relationship with their husband or wife, and later have a hard time adjusting to reality when they meet their husband/wife in person.

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. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/12/10, 7:45 am


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