Divorce before 10yr green card, please help!

[lillyindo 0]

Hello please forgive me if my topic is in the wrong forum for I am new here. I'm glad I found this website because I know very little about immigration laws and how they work, even after doing some researhc on my situaution. I will explain my situation now, I came here to the U.S. legally through my visa but overstayed my visit I have been living here as a good civil citizen ever since then I was even given a SSN from the SSA for permanent resident purposes I have a valid DL and state ID and everything else and I was even able to get a job with my SSN no employers or anyone denied me, the police or no one said anything to me ither. I make good money as well. I met the love of my life (my husband) 5 years ago, we dated for 2 years before getting married. I thought he was the one and I truly fell in love with him we even tried having a baby 2 years into our marriage but I had a misscariage and he didn't want to try again afterwards. He agreed to signing my papers so I could get a 2yr green card but he never did and kept pushing it back. Then he started cheating on me, and eventually left me after being married for 3 almost 4 years . He said he would still help me but soon changed his mind and now he filed for divorce, his lawyer told him that he doesn't have to sign my papers and that I'll be fine on my own. But I don't believe his lawyer and my husband lies a lot.

Is ther anything I can do in order to stay here in the U.S.? I am so heartbroken I have built a great life here made wonderful friends and best friends and have made family here . I have been a good citizen pay taxes and everything no criminal record. I would not trade my family or friends for the world and I don't want to leave. Can I still get my green card even without my husband's help? I have not filed the divorce papers yet because I don't know what to do. We married into good faith and I have pictures, witnesses, files and everything to prove it. Can any of you please give me advice? I plan to hire a good immigration lawyer to help me, but I am so depressed and stressed over my situation. Thank you for taking your time to read this long story.

[Darnell 8,479]

so, you have no green card whatsoever - nothing was ever filed for you.

IMO (and ppl will beat me up for this)

go through with the divorce and then

marry a USCitizen and then

file for an adjustment of status.

[lillyindo 0]

Yes I have no GC at all.

Isn't it illegal to marry for GC purposes? I don't know if I want to do such a thing, I am still heatbroken over my husband.

Is there truly no other way? I have read stories online of other people being able to get a GC by proving it was a bona fide marriage, but is that only for the 2yr GC?

[canada_socks 97]

Yes I have no GC at all.

Isn't it illegal to marry for GC purposes? I don't know if I want to do such a thing, I am still heatbroken over my husband.

Is there truly no other way? I have read stories online of other people being able to get a GC by proving it was a bona fide marriage, but is that only for the 2yr GC?

I think that is if you came over on a marriage based visa. What type of visa did you enter on? You also mentioned an overstay?

[lillyindo 0]

I entered on a tourist visa (or at least I think) but I told them my reasoning for coming here was because I wanted to live here so they allowed me to stay for only 2 years. I tried to renew my visa after 2 years so I could stay longer but I wasn't able to. I decided to stay, so I overstayed my visit. (wrong choice I understand) But then I met my husband a few years later and thought I would be spending the rest of my life with him. Things didn't work out after my miscarriage and he never filed for me to get any kind of GC. I was foolish to not do my research during our marriage. I have been crying for the past few months trying to figure out what I can possibly do. Should I just get a lawyer would they even be able to help me? Or am I hopless?

[newacct 688]

I entered on a tourist visa (or at least I think) but I told them my reasoning for coming here was because I wanted to live here so they allowed me to stay for only 2 years.

This is very strange. They usually give no more than 6 months of authorized stay for people entering on tourist visa, not 2 years. Plus, tourist visa is not for "living here", so I am surprised that they even let you in.

[lillyindo 0]

Yes I am not exactly sure what visa I have (like what tpye it is) I need to find it in my folder. But they authorized me 2 years to stay here. That's when I tried to extend it but couldn't. I was also surprised that they granted me a valid SSN and that when i went to court with my husband because of his DUI the court judge never said anything to me about my status nor did the police. I have no idea what my status is here, but I can only assume that it's nothing as of right now. I will be hiring a lawyer sometime this week, I am not being deported and was never notified of being deported during my years of being here. But I'd rather fix my mess up before it gets any worse. I've tried working things out with my husband but he refuses, he already has a new girl friend .

[Peter_Pan 661]

You should have filed for your green card when you were married, too late now. People can keep the green card only of they had it at the moment of their divorce (exchange the conditional one for the permanent).

Only way is marriage to another citizen.

[VanessaTony 3,567]

If he won't do the paperwork then no, you cannot stay.

Also, you are NOT a "good citizen". You're NOT a citizen. You're an illegal alien residing in the US. Sure, you're paying taxes while working illegally, but that doesn't help you get status.

You need to find out what visa you entered on. Your comment about 2 years isn't normal.

[kzielu 1,149]

Also, did you ever claim you are a US citizen ? Any kind of form, especially at work ?

[Sandra G. 5,057]

It's too late for you now.How did you live with someone for 4 years and he never filed the papers?. It was a HUGE red flag about his character, and unfortunately there is no provision in the Immigration Law allowing you to stay here.

Edited June 3, 2013 by sandranj

[Brian1967## 119]

I agree with SandraJ and Tony and Vanessa, time to go home and this is the end of your journey. I do not think now you can file VAWA as there has been no abuse. Sorry to hear this but IMHO it is abuse if the USC spouse does not help you with papers after you get married, just my thought.

[Blue Bianchi 77]

If you were able to build a good life here (despite the inconsiderate and indifferent soon-to-be-ex husband who lies a lot) and make lots of good friends, you can do so anywhere. Perhaps this is a blessing in disguise. Start studying your options back in your home country or even the surrounding Asian countries. Assess your financial situation. Start selling personal (as opposed to conjugal) property on Craigslist. Start reconnecting with your old professional network in your home country (hopefully you kept in touch with old colleagues and friends). Refresh that resume. All is not lost. Really and truly

Edited June 3, 2013 by Blue Bianchi

[Ceilla 7]

Sorry to hear that. I hope things will work well for you. Maybe your lawyer will help you and things will work well. Things happen for a reason, just trust yourself. My heart goes for you

[dihan.amshard 0]

As much as it hurts and Im depressed after reading your post, as long as you are in the United States you cannot adjust status or proceed to file for a Greencard.

2 years of an ex marriage is of no interest to the US immigration system.

Suggesting you consult a lawyer to exploit all your options before saying bye to the States.