Legal Question in Immigration Law in New Jersey
i am an imigrant, i came to america to visit for six mounths & i met someone that i thought was the one and we got married my wife father passed away and she dicided to go alone to the u.s. vergin island to attend the funeral after 3 weeks passed with no comunication i realized that she was not going to be back my problem is basicaly this i cant go home because iv been in this country for more than the six mounths that was giving to me on my visa but i cant soport myself because my wife did not complete any fileing that is nessisary for me to recive any legal ducuments to work or live in america what can i do if i leave the country i wont be able to see any of my famaily as they all moved here
2 Answers from Attorneys
Yes, your wife can petition you if she chooses to do so. If she decides to live separately and/or divorce you, you will not be able to obtain a green card through marriage to her.
Yes, you will have to leave the USA. If you have been living here after expiration your I-94 card for longer than 180 days and will depart the USA, you will become inadmissible for 3 years. If you've been living illegally for over a year and will depart the USA, you'll become inadmissible for 10 years.
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I would need more details regarding your particular case before I could comment on it properly.
I cannot advice you as to what you should do. However, based on the information that you have provided if your wife does not file a petition for you there is nothing much that can be done.
I understand that you have to support yourself but it is ILLEGAL for you to work in the US without a work permit or a SSN#.
If you are caught it is very likely that you will be deported. Moreover, since you have already overstayed your allotted visa time period this will only make your situation worse.
The only thing I can advise is that you contact your wife and find out intentions.
Patricia Martin-Gibbons
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