im married and my husband visa has lapsed for over 180 days omg!

[queen219 0]

Ok so my husbands visa has lapsed for over 180 days but i did not know this right now we are seperated im kinda stuck in a rock and a hard place can he be eligible foe a waiver or anything or is there nothing i can do but furthermore he is saying he wants a divorce from me and i think his mom might be a citizen i know that no one else in his family might not be...he has a job here can his employer sponsor him? And if he persist on the divorce will the INS find out hes divorced and currently i have an order of protection on him so idk what the hell is gonna happen? What would u reccomend he do?

[Harpa Timsah 13,258]

What do you want to do? You make is sound like you want to "fix his status" yet you are divorcing and have an order of protection against him. So if he is dangerous to you, why would you want to help him?

[oohpartiv 484]

If he's overstayed 180 days, that warrants a 3 year ban, and in order to be eligible for a waiver he has to either be a parent or spouse of a USC. I'm pretty sure he's going to have to leave the country first in order to fix his legal status, but I'm not 100% sure on this, so maybe another member could add something.

And not to be judgmental, but if he wants to divorce you and has obviously done something serious enough to warrant you getting an order of protection against him, do you really think you should be helping him?

[Cathi 5,784]

What do you want to do? You make is sound like you want to "fix his status" yet you are divorcing and have an order of protection against him. So if he is dangerous to you, why would you want to help him?

[Cathi 5,784]

why on EARTH would you care about his immigration status if he wants a divorce and you have an an order of protection against him? Why are you the one who is stuck between a rock and a hard place, seems to me he is, not you. Why why why????????????

[oohpartiv 484]

why on EARTH would you care about his immigration status if he wants a divorce and you have an an order of protection against him? Why are you the one who is stuck between a rock and a hard place, seems to me he is, not you. Why why why????????????

This was my thought, too. I don't see how your husband's legal problems have put YOU in a bind, especially if you're on the brink of divorce. He's a big boy - let him deal with his own problems.

[queen219 0]

Look people i get that im not gonna help him if we are divorcing my only concern is we have a child together ...child support is also an issue ...i just want him here to be accountable for his child but where i live i needed to get a protective order on him because we are married he can come back home whenever he wants the police told me so...i could give a damn if he went back if it ws only me but his child is important too

[Boiler 46,102]

What is his current status.

[queen219 0]

And im not divorcing him im letting him move first and divorce me per my lawyers advice it will be better in court for me where i live

[Cathi 5,784]

Look people i get that im not gonna help him if we are divorcing my only concern is we have a child together ...child support is also an issue ...i just want him here to be accountable for his child but where i live i needed to get a protective order on him because we are married he can come back home whenever he wants the police told me so...i could give a damn if he went back if it ws only me but his child is important too

you didn't state this in your original post, we aren't mind readers, how were we to know you have a child?

[queen219 0]

He was a perminant resident and now thats lapsed

[oohpartiv 484]

Look people i get that im not gonna help him if we are divorcing my only concern is we have a child together ...child support is also an issue ...i just want him here to be accountable for his child but where i live i needed to get a protective order on him because we are married he can come back home whenever he wants the police told me so...i could give a damn if he went back if it ws only me but his child is important too

I answered your question. The only way he can get a waiver is if he's married to or a parent of a USC. Since he has a child (I'm assuming the child is a USC?), he can get a waiver, BUT I'm pretty sure he has to leave the country to fix his legal status (maybe someone more knowledgeable on this subject can confirm this?). Over 180 days of overstay is a 3 year ban, and if he passes 1 year of overstay it's a 10 year ban, so if he plans to fix this problem, I'd tell him to get on it now.

[queen219 0]

Look sorry i did not mention my child earlier believe i would not be concerned about his status if it was not more complicated

[queen219 0]

Question tho will the protective order play a factor in his applying for a waiver?

[del-2-5-2014 1,339]

There doesn't have to be violence in order to get a protection order.

In Texas you can tick a box to get an order when you file for divorce.