marriage, k-1 not filed, divorce? overstay

[idrathernotsay 0]

i am so very sorry if this is not the correct forum for this. if not, PLEASE direct me; im new!

in 2000, i moved here as a dependent on my step-fathers visa. we were told that we would receive our green cards no later than 6 months, but there was some delay with our lawyers and then 9/11 attacks happened. goes without saying that everything changed. we kept getting the run around, but just kept renewing the visas.

what they did not tell us until late 2005(i was 20) was that at age 21 i age out of status, even though my i-94 said 2007. i had been dating a girl for a while, and it was clear that i did not want to leave her, my family, my life here in the united states. so we got married and went through all the steps to do things to keep me here. we went to a lawyer to have him file the paperwork for us, or to lay out what we need to do. what he told us was the fact that we were married was "basically a loophole in the system" and to file when we could but that there was no pressure. we were relieved to say the least, as the fees and stress were astronomical.

so we didnt file the papers. In 2006 i found myself traveling to california for a few months to do band stuff(wed had a few serious offers, so we were trying to "make it" or something) and eventually me and my wife kind of grew apart. i soon figured out that she had a new person in her life, and i tried to go back and fix everything, but shed moved on already.

a year or two of me stuck in limbo in california (i was living with a guy who was gracious enough to trade house work and errands for a room) i ended up being in contact with my wife again, and we decided to have me move back and put the paperwork in. so, i moved, but after months of trying to find a place suitable to her (they said it was in our best interest to find a place together instead of my parents house), she kind of just broke it off and decided she didnt want to go through with it anymore. so i was stuck living with my parents not knowing what to do.

new years of 2009, i arrived home and discovered my dog had eaten my passport. i saved most of the pieces but its very hard to see, and my father told me that they wont accept damaged passports for anything. i didnt realize how soon my passport needed to be renewed and in september it expired. i have no idea how to get a new one.

this would all be fine, at least from a sanity standpoint, but in december of 2010, my parents were notified that there visa would not be renewed, and they would have to return to canada when it expired (june of 2011).

their worry is that when questioned about any other people on his visa that came with him, that there will be issues with my staying here (ie harboring a fugitive, overstaying visa, etc).

so basically: overstayed my visa, no passport or state ID, being forced to leave and facing the 10 year ban.

what is my best plan of action? ive been seeing a girl, but marriage could really hurt us since were still so new and everything. i just want to stay here! ive considered myself an American since ive been here. i have family in canada, but we are not close at all. my family is my friends here and if i go back to canada, ill have nothing! i hope there is some kind of hope for me. i was just a dumb kid when all this stuff came up, and i really didnt ever think itd be a big deal.

thanks in advance guys.

[YuAndDan 153]

Not quite a K-1 topic, so will move this one under General immigrations discussions.

[Brother Hesekiel 2,236]

Love the dog ate my passport.

You have documentation, or at least there's a paper trail that you entered the US with permission, so the doggyrized passport won't kill your adventure.

The way it stands right now, you should file for divorce from your wife. If she isn't interested in a life with you, end it.

If you ever get married again, you are eligible to adjust status to a resident. Unless you get in trouble with the law, nobody will look for you. Assuming you have a US-state-issued driver license, you have time until the net gets so tight that you'll have to renew it in person, with proof of legal presence present. It's coming your way, as more and more states implement this now.