DIVORCED! WILL I GET DEPORTED???

[anikasmith 0]

Hi,

I am a newbie and I am not sure where to post this. I'm an Asian and divorced. I have been in the States for almost 20 years. I came over on a spousal visa. My (USC) petitioner was a military. He and I were only together for more than a year after I arrived. We agreed to divorce after he caught me cheating on him. He initiated the divorce and while it was on process, I disappeared, worked as an "escort" until I decided to quit and settle down with one of my "clients". When we met, I told him I was "divorced" when in fact I wasn't. We decided to get "married", had a child but later on we split after he found out that I was not actually divorced, and that I would still have communication with my first husband. My second "marriage" was null-and-void 12 years ago and I was called a bigamist and all kinds of names. In the decree, It clearly states that my name was "reversed back to my original name", which was the petitioner's last name but I never followed the order. My GC is on my second marriage's name and I am still using the guy's last name until now. I was asked to change it in all my identifications and docs, and was demanded to stop using it by him and his family but I never did for I am afraid that if I do so, I somehow will get in trouble with immigration. I was told before that I cannot renew my Green Card due to the fact that I was never divorced from my petitioner and yet I am using a different last name. That this would trigger a red flag on my part. Is that true??? I've also never applied for citizenship for the same reason. All that to say, will I get deported? If so, how, when and why? Or can I just go back to my original married name without facing any problem? If I renew my GC and/or decide to apply for naturalization, which name should I go with? Lastly, what is going to happen if my Green Card expires? My petitioner's last name is Murphy but I am using Smith and my maiden name is Soche. I am lost. Please advise.

Thanks!

Edited February 17, 2016 by anikasmith

[Darnell 8,478]

well, USCIS utilizes FBI name checks after you apply,

plus you can put down all names/aka's on the G-325-A .

as to being deported for being a bigamist - unsure about it.

[Dirty harry 25]

Hi,

I am a newbie and I am not sure where to post this. I'm an Asian and divorced. I have been in the States for almost 20 years. I came over on a spousal visa. My (USC) petitioner was a military. He and I were only together for more than a year after I arrived. We agreed to divorce after he caught me cheating on him. He initiated the divorce and while it was on process, I disappeared, worked as an "escort" until I decided to quit and settle down with one of my "clients". When we met, I told him I was "divorced" when in fact I wasn't. We decided to get "married", had a child but later on we split after he found out that I was not actually divorced, and that I would still have communication with my first husband. My second "marriage" was null-and-void 12 years ago and I was called a bigamist and all kinds of names. In the decree, It clearly states that my name was "reversed back to my original name", which was the petitioner's last name but I never followed the order. My GC is on my second marriage's name and I am still using the guy's last name until now. I was asked to change it in all my identifications and docs, and was demanded to stop using it by him and his family but I never did for I am afraid that if I do so, I somehow will get in trouble with immigration. I was told before that I cannot renew my Green Card due to the fact that I was never divorced from my petitioner and yet I am using a different last name. That this would trigger a red flag on my part. Is that true??? I've also never applied for citizenship for the same reason. All that to say, will I get deported? If so, how, when and why? Or can I just go back to my original married name without facing any problem? If I renew my GC and/or decide to apply for naturalization, which name should I go with? Lastly, what is going to happen if my Green Card expires? My petitioner's last name is Murphy but I am using Smith and my maiden name is Soche. I am lost. Please advise.

Thanks!

You should probably take your last name off this. you just admitted to working as a prostitute. any one can google your name and i dont think it was your intention.Your case seems pretty complicated,My guess is at least get a free consultation with a lawyer.

Harry

[Russ&Caro 1,549]

1. You came to the US based on your 1st marriage, but you're saying your GC is based on your second marriage. Not sure how you did this as I believe a person can't adjust status from one spouse to another. You would have had to exit the US and return on a new visa.

2. You said your first husband filed for divorce but it sounds like you didn't sign any papers, thinking that you're still married. But most states allow a divorce to be finalized after a time period even if one of the parties does not consent.

3. If what you're saying is true and your GC is thru your 2nd husband, and it's been 12 years since that divorce, then it seems to me that your previous 10 year GC must have already be expired, unless you extended it while being married.

My guess is that unless you were diligent and filed an extension to your original 10 yr green card, then you're probably already out of status. If that's the case, then yes, it seems to me that you could get deported and face a 10 yr ban.

[Transborderwife 4,666]

1. You came to the US based on your 1st marriage, but you're saying your GC is based on your second marriage. Not sure how you did this as I believe a person can't adjust status from one spouse to another. You would have had to exit the US and return on a new visa.

2. You said your first husband filed for divorce but it sounds like you didn't sign any papers, thinking that you're still married. But most states allow a divorce to be finalized after a time period even if one of the parties does not consent.

3. If what you're saying is true and your GC is thru your 2nd husband, and it's been 12 years since that divorce, then it seems to me that your previous 10 year GC must have already be expired, unless you extended it while being married.

My guess is that unless you were diligent and filed an extension to your original 10 yr green card, then you're probably already out of status. If that's the case, then yes, it seems to me that you could get deported and face a 10 yr ban.

Wrong. An expired10 year card does not equal a loss of status. Edited February 17, 2016 by Transborderwife

[TBoneTX 45,663]

OP, your case is too complicated for us to inform you meaningfully. Consult one or more attorneys.

*** Thread is moved from US Citizenship forum to General Immigration Discussion; one noncontributory post has been removed. ***

Edited February 17, 2016 by TBoneTX

[Russ&Caro 1,549]

Wrong. An expired10 year card does not equal a loss of status.

I learn something every day reading this forum. Thx

[Boiler 45,772]

I think Prostitution and Bigamy are both CIMT's.

[anikasmith 0]

well, USCIS utilizes FBI name checks after you apply,

plus you can put down all names/aka's on the G-325-A .

as to being deported for being a bigamist - unsure about it.

I believe they do. I don't have any other names/aka. I was told I could be deported for bigamist and for using my "second's" marriage name. That's all I know. Thanks for the input.

[anikasmith 0]

You should probably take your last name off this. you just admitted to working as a prostitute. any one can google your name and i dont think it was your intention.Your case seems pretty complicated,My guess is at least get a free consultation with a lawyer.

Harry

No, it wasn't my intention but I don't know how this forum works and I tried to take my last name off of here but I couldn't. It was too late to do it maybe? Perhaps someone could help me? I am so lost. I just need someone to direct me what to do. Thanks for the comment.

[anikasmith 0]

1. You came to the US based on your 1st marriage, but you're saying your GC is based on your second marriage. Not sure how you did this as I believe a person can't adjust status from one spouse to another. You would have had to exit the US and return on a new visa.

2. You said your first husband filed for divorce but it sounds like you didn't sign any papers, thinking that you're still married. But most states allow a divorce to be finalized after a time period even if one of the parties does not consent.

3. If what you're saying is true and your GC is thru your 2nd husband, and it's been 12 years since that divorce, then it seems to me that your previous 10 year GC must have already be expired, unless you extended it while being married.

My guess is that unless you were diligent and filed an extension to your original 10 yr green card, then you're probably already out of status. If that's the case, then yes, it seems to me that you could get deported and face a 10 yr ban.

In response to:

1) Yes, I came here through my first marriage and though a spousal visa. I received my 2 year Green Card a month after arriving and thru/from my first "spouse". No, I didn't have to exit US. I stayed and was issued a Green Card.

2) Correct. He did and, no, I don't recall signing any divorce documents at all. During the divorce process I left, worked and found and "married" the second "husband". It's been so long so you are probably right regarding our divorce being finalized even without my consent. Yes, at one point while married to the second one, I've had to "renew" my Green Card.

3) I was able to renew my Green Card while in my second "marriage" but the next expiration date is fast approaching and that concerns me.

[anikasmith 0]

OP, your case is too complicated for us to inform you meaningfully. Consult one or more attorneys.

*** Thread is moved from US Citizenship forum to General Immigration Discussion; one noncontributory post has been removed. ***

Thank you for the advice but I don't know any attorney. I don't know where to go.

[anikasmith 0]

I think Prostitution and Bigamy are both CIMT's.

I've heard that before and I have been told so.

[Pinkrlion 2,724]

You need a lawyer, it seems that although you came on a spousal visa you then after one year left the marriage entered into prostitution, then illegally married someone else obtained a gc through that marriage based on that marriage, and now you are worried about being deported!?!?

I don't know what you think you can do.

Edited February 18, 2016 by Pinkrlion

[Boiler 45,772]

A spousal visa = green card.