US Citizen Wife wanting divorce after 5 years of marriage. Never filed AOS - I am visa overstay. No valid ID. Help!

[IguanaCouple 26]

Hong Kong is a nice place to live

I would disagree with that but that's a different story.

[NeedYourHelp1982 0]

My wife is suggesting I stay and wait it out for comprehensive immigration reform if we can't work out the marriage.

She wants to be friends and provide financial support but I'm not sure what kind of life that is especially if she finds someone new.

I am going to get some mental counselling / medication so i can prepare myself to be strong for the worst.

I will also contact my embassy.

Edited June 17, 2016 by NeedYourHelp1982

[Rc123rc 528]

My wife is suggesting I stay and wait it out for comprehensive immigration reform if we can't work out the marriage.

She wants to be friends and provide financial support but I'm not sure what kind of life that is especially if she finds someone new.

I am going to get some mental counselling / medication so i can prepare myself to be strong for the worst.

I will also contact my embassy.

Easy for her to say. It costs nothing to says a few words and I doubt immigration reform is going to happen any time soon (years and years). You're still here illegally in the meantime, yes? Good luck seeking some help. You've really put yourself in a bad situation. You have given her almost complete power over you in many ways.

[Unlockable 7,315]

I called my embassy and they said that they won't issue a passport here unless I receive notice of action from USCIS after filing something. I don't know if I am in removal proceedings if they would issue one then or if they would send me on my way without a valid passport.

I was not a citizen of Hong Kong - I was a permanent resident there (lived 14 years of childhood and several summers but have not been there now in 10 years so I think I lost status). My parents have left Hong Kong and I have no family there and I have no immigration ties to their new home. My country of citizenship I haven't been to in almost 18 years.

I am going to beg for marriage counselling and hope for the best for now.

Thanks for all your help.

Sorry it's India. I'n paranoid about too much identifying information but that's the least of my worries now.

Oh boy.

That famous creek you are traveling up without paddles is flowing fast and hard. Don't see how you can get out of this but if you do would like to hear how you did it. Good luck!

[jeessgb 57]

Hi.

There is a way. Please read this link: http://www.nolo.com/legal-encyclopedia/if-i-live-the-us-illegally-years-can-i-green-card.html

I've known of people who applied and got approved for this. Due to your time in the US (10 years) I think you could be a candidate to apply for this but as it says there, it's not easy and the odds are low.

Good luck.

[jeessgb 57]

Come on, guys.... He is asking for advice regarding to his situation. He didn't ask for moral judgment or for you to feel better as a person by demeaning his actions or inactions.

[EM_Vandaveer 2,408]

Hi.

There is a way. Please read this link: http://www.nolo.com/legal-encyclopedia/if-i-live-the-us-illegally-years-can-i-green-card.html

I've known of people who applied and got approved for this. Due to your time in the US (10 years) I think you could be a candidate to apply for this but as it says there, it's not easy and the odds are low.

Good luck.

Who would be the USC or LPR close relative to prove hardship???

[Wooderz 314]

Who would be the USC or LPR close relative to prove hardship???

Right, if they go through with the divorce, then there is no immediate family to claim this hardship (that we know of).

Secondly, what would the hardship be? When reading about these hardship arguments on here, they often seem to be financially based. I don't think OP has this argument considering he/she hasn't worked or contibuted to the finances. What are the other hardships that qualify?

Seems a very, very, very unlikely scenario.

There seem to be just 2 practical options:

1) resolve the marital issues, remain married, and file for AOS

2) divorce and go back to India

(I don't consider continuing to live illegally being supported by an ex-wife as a practical option)

[jeessgb 57]

Who would be the USC or LPR close relative to prove hardship???

I don't know. That's for the OP to answer. I'm just providing a possible way to go if he meets the requirements.

[Mrs. Wild 87]

Hi.

There is a way. Please read this link: http://www.nolo.com/legal-encyclopedia/if-i-live-the-us-illegally-years-can-i-green-card.html

I've known of people who applied and got approved for this. Due to your time in the US (10 years) I think you could be a candidate to apply for this but as it says there, it's not easy and the odds are low.

Good luck.

The applicant would have to be in removal proceedings, the OP is not currently in removal proceedings. I think this type of action is similar to other hardship waivers in which the relative that qualifies has to be a USC spouse, parent, or child. It doesn't sound like this would work for the OP. But it's good information for others to know.

[Cyberfx1024 7,980]

I am just surprised that you would be here for 10 years and not AOS. That might be one of the reasons why she wants a divorce because you do not want to improve yourself at all. So hopefully you work this out and move on to AOS. If not then go home to your country.

[Anitafeliz 1,133]

I called my embassy and they said that they won't issue a passport here unless I receive notice of action from USCIS after filing something. I don't know if I am in removal proceedings if they would issue one then or if they would send me on my way without a valid passport.

I was not a citizen of Hong Kong - I was a permanent resident there (lived 14 years of childhood and several summers but have not been there now in 10 years so I think I lost status). My parents have left Hong Kong and I have no family there and I have no immigration ties to their new home. My country of citizenship I haven't been to in almost 18 years.

I am going to beg for marriage counselling and hope for the best for now.

Thanks for all your help.

Good luck i hope it can work out for you...

[Ban Hammer 13,472]

3 posts that add nothing beneficial towards the op's question removed.
one member's access to this thread removed.

either post constructively or do not post.

Edited June 17, 2016 by charles!

[Eternal Spring 10]

Just for the record, the OP has stated that he is in school. Studying is a form of bettering oneself. Additionally, who are we to judge someone for being a househusband and providing emotional support to his wife? Would some of you be as harsh if the OP were female? Certainly, many cultures accept that being a housewife is a valid reason for not being in the paid workforce.

To the original poster, I would definitely encourage you to seek counseling if you feel that you need it. Meanwhile, if you really did enter this country on a visa overstay, you could continue to stay and try to work things out with your wife--as someone else recommended, please definitely try to convince your wife to go with you to marriage counseling. Even if she ends up divorcing you, if you do in the future meet someone else and get married, there is a chance that you could still do AOS, based on the second marriage (of course, you would need to consult an immigration lawyer to make sure that this would be possible).

Another question, one for you to think about and no need to answer here, because of course, it's a sensitive subject...Has your wife been abusive to you? If so, depending on the circumstances, you might even be eligible for a U visa.

Here is a link regarding permanent residents of Hong Kong, and please read especially the bottom paragraph, "Right to Land". Again, consult a lawyer on this.

http://www.gov.hk/en/residents/immigration/idcard/roa/eligible/loss.htm

Wishing you all the best, OP.

[observatorka 197]

Here is a link regarding permanent residents of Hong Kong, and please read especially the bottom paragraph, "Right to Land". Again, consult a lawyer on this.

http://www.gov.hk/en/residents/immigration/idcard/roa/eligible/loss.htm

Wishing you all the best, OP.

He's from India. Read previous comments.