Adjust of status denied

[Tuks 0]

I am a Kenyan citizen married to US citizen for seven years. I filed for my AOS in 2009 but later got denied after several interviews mainly because at that time we leaved in different states due to the fact my wife had a job offer in a different state when i was still enrolled in collage. On the last interview whereby we got separated, the officer was too had on her to a point she decided to withdraw the petition. We are still together but in a dilemma, mainly because am still in school and my wife has the fear to move with me and be jobless in my state. We see each other very often. MY mom is a US citizen but the question is can she petition me for the I-130 when am still married and would it be wise decision since they had problem with my wife's and i case?

[aleful 1,905]

I am a Kenyan citizen married to US citizen for seven years. I filed for my AOS in 2009 but later got denied after several interviews mainly because at that time we leaved in different states due to the fact my wife had a job offer in a different state when i was still enrolled in collage. On the last interview whereby we got separated, the officer was too had on her to a point she decided to withdraw the petition. We are still together but in a dilemma, mainly because am still in school and my wife has the fear to move with me and be jobless in my state. We see each other very often. MY mom is a US citizen but the question is can she petition me for the I-130 when am still married and would it be wise decision since they had problem with my wife's and i case?

hi,

she can file for you, but the wait is around 10 years and you cannot adjust in country, you would go through consular processing and need to file a waiver since you would have a 10 year ban, and your mother would have to do a hardship letter.

[Tuks 0]

Thanks for your reply but can you give me more details on the hardship letter? and do you think it would be easier for me to move in same state with my wife and file again since am still not in removal proceedings?