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

[Eternal Spring 10]

He's from India. Read previous comments.

He was a permanent resident of Hong Kong. Please read his comments.

[Unlockable 7,315]

He was a permanent resident of Hong Kong. Please read his comments.

Yes, but he also stated that not only has he not been to Hong Kong in 10 years and may have lost his status, his family is no longer in Hong Kong either. He has no ties to Hong Kong.

See below..

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.

[Eternal Spring 10]

Yes, but he also stated that not only has he not been to Hong Kong in 10 years and may have lost his status, his family is no longer in Hong Kong either. He has no ties to Hong Kong.

See below..

As mentioned in the Hong Kong governmental website (link is in my previous comment), he might still be able to arrive in Hong Kong, it's the "Right to Land" (something that we don't have in the US), but of course, he would need to consult a lawyer about it.

[Ebunoluwa 6,136]

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.

There is NO ABUSE. They are friends, she wants to continue to support him financially and he does her laundry.

[ManCharsey 254]

Looks like you may have lost his permanent residency in Hong Kong due to being absent from HK for more than 36 months. Nonetheless, if things work out between you and your wife, try as much as possible to apply for residency ASAP. If not and you happen to get married to someone else, you can still get residency through your second spouse.

Sorry about your plight!

Edited June 17, 2016 by ManCharsey

[ManCharsey 254]

There is NO ABUSE. They are friends, she wants to continue to support him financially and he does her laundry.

Something makes me feel his spouse knowingly did this as some form of control. There are a number of American women who do things of this sort just to control or emasculate their spouses.

[Ebunoluwa 6,136]

Something makes me feel his spouse knowingly did this as some form of control. There are a number of American women who do things of this sort just to control or emasculate their spouses.

OP said he kept procrastinating which resulted in a lot of fights which were his fault (according to his post).

Seems the other way around to me, she wanted him to file and he chose not to.

[MaleAlpha 314]

OP said he kept procrastinating which resulted in a lot of fights which were his fault (according to his post).

Seems the other way around to me, she wanted him to file and he chose not to.

You are right. I went back to read the first post and it seems the OP dug his own grave. His plight is still sad though. I still sympathize and wish everything goes on good for him.

[3rd 84]

I'm sorry you're in this situation, and there's no route for you to stay and adjust unfortunately. Not unless your wife has a change on heart, but it sounds like this is truly over. 10 years is a very long time to be here and not adjust, it's just a shame you didn't. I'd be more afraid of being an illegal alien than the AOS paperwork, especially as I was already panicky over just a short period of overstay between my I-94 expiring and when we filed. Can't turn back the clock now, but it does go to prove that we shouldn't entirely depend on another person. I've learnt this over the years and made sure I could support myself if the worst ever came to the worst. It's hard to think in that way, but it's practical.

[ManCharsey 254]

I'm sorry you're in this situation, and there's no route for you to stay and adjust unfortunately. Not unless your wife has a change on heart, but it sounds like this is truly over. 10 years is a very long time to be here and not adjust, it's just a shame you didn't. I'd be more afraid of being an illegal alien than the AOS paperwork, especially as I was already panicky over just a short period of overstay between my I-94 expiring and when we filed. Can't turn back the clock now, but it does go to prove that we shouldn't entirely depend on another person. I've learnt this over the years and made sure I could support myself if the worst ever came to the worst. It's hard to think in that way, but it's practical.

Agree with what you said but the OP can adjust if -

a. They work out their differences with their spouse and stay married.

b. this current marriage ends and they get married to someone else. They can adjust under the new spouse.

Edited June 17, 2016 by ManCharsey

[3rd 84]

Agree with what you said but the OP can adjust if -

a. They work out their differences with their spouse and stay married.

b. this current marriage ends and they get married to someone else. They can adjust under the new spouse.

The first I clearly highlighted and said that he could adjust if he reconciled with his spouse, but it's sounding unlikely. The second is an option but I wouldn't suggest going the route of getting married just to stay in the country, because that is fraud. If he did find someone genuine that he wanted to marry I'd be more worried that it would look highly suspect. He was illegal for such a long time, got divorced and then suddenly is marrying another USC? I'd be concerned about that kind of interview.

[Ischnura 285]

If he really wanted to stay and belong to this country he always has the option of enlisting. 3 years active duty or 6 years reserves. Just has to have the motivation to take himself to his nearest careers office and inquire.

[NeedYourHelp1982 0]

Is that really an option? I would actually consider doing something like that. I have a strong math background and could do cryptography and am currently studying for some cybersecrutiy credentials.

Do you have a link to that program?

I could probably stand to lose some more weight but I am in the process of doing so.

[Ischnura 285]

http://www.goarmy.com/benefits/additional-incentives/mavni.html It says you have to be here legally. I'm not sure if that implies inspection on entry or actually in status. Either way, give your local recruiter a call. At the worst they can tell you you aren't eligible and you're still where you are.

[aleful 1,905]

If he really wanted to stay and belong to this country he always has the option of enlisting. 3 years active duty or 6 years reserves. Just has to have the motivation to take himself to his nearest careers office and inquire.

not possible

you have to be a LPR or USC to enlist

if illegals could enlist, thousands would have