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

[Ischnura 285]

There are instances where they are allowed. As I told him, he'd have to actually call or go down and inquire.

[subwayguy 100]

You can get a new passport at any time if your country has an embassy in the US. AOS has nothing to do with that. So you should get your passport renewed.

(Sorry, I didn't read the second page before posting and didn't realize the above poster had already mentioned this)

It is very rare to lose your citizenship in your home country and doubt that has happened during the years you've been gone. Mostly it happens if you haven't even spent the majority of your life in your home country. So that won't work as an excuse. You need to renew your passport and most likely (unless you fix the issues with your marriage) you need to prepare to go home.

we have different tiers of citizenships.

if you are a Chinese citizen and a permanent resident of Hong Kong, then you can apply for a Hong Kong SAR passport. HK SAR Passport cannot be issued by Chinese consulates/embassy, the Chinese will forward your application to Hong Kong. Immigration Department will then issue your HKSAR passport, it will be sent from Hong Kong to the Chinese consulate for you to pick up. But in practice, the Chinese are very a-n-a-l when it comes to forwarding HK SAR Passport applications.

If you are a Hong Kong permanent resident but not a Chinese citizen, then you are out of luck. (maybe 回港紙 is a possible option?)

and if you were born in British Hong Kong,and have applied BNO before 97, you can apply for a British passport at UK embassy/consulates here and it will allow you to go back to Hong Kong.

in short, regardless of your citizenship status, your Hong Kong permanent residency is good for life and your HK ID alone is sufficient for entry back to Hong Kong.

[subwayguy 100]

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.

There is no such thing as "Citizen of Hong Kong". you are either "Chinese citizen with Permanent residency in Hong Kong" or "Foreign Citizens with Permanent residency in Hong Kong" . both of them have equal rights in Hong Kong, both could stand for elections but former one has more privileges in Mainland China. Because of our Special Administrative Region status, "Hong Kong Permanent residency" is a de facto citizenship. Once you are a Permanent Resident , you will always be a permanent resident of Hong Kong, as a matter of fact, HK permanent residency cannot be renounced or lost under any circumstances. So, if you were once a HK Permanent resident, you probably are still one.

But you should check your HK ID and see if it says you are a permanent resident of Hong Kong or Resident. Big differences.

Your country of citizenship is India? If you were unable to obtain a national passport and was a permanent resident of British Hong Kong before 1997, you are entitled to the EU version of British Citizen passport.

In any case, I reckon going back to Hong Kong will not be a wise choice especially if you have no ties there.

[NikLR 13,231]

not possible

you have to be a LPR or USC to enlist

if illegals could enlist, thousands would have

Oh but they do. They help them get a green card then citizenship.

[NeedYourHelp1982 0]

I wrote them but the MAVNI program mentions visa overstays are not permitted so I am not hopeful. Not sure if my marriage has any affect on it.

[Deagle 508]

Sorry about what you are passing thru. I don't think there is a way out of your current situation. I believe your girlfriend/wife has changed after all the years you talked about and now she wants someone who have a job and working, someone who with vision to their future and someone who can take the lead. That's why probably she is not hating you or trying to fight you, because you did nothing wrong. She just want something different.

[UnaMexicana 153]

There are many many people that live in this country out of status, and it is not easy nor do I condone it... but each has their own story so I will not entertain that discussion.

You need to get a job first and foremost. You have no money and no means to support yourself when and if you have to leave. So go get a job.

This strikes to me as more real than many marriages we have seen in the VJ forum. You clearly were not after immigration benefits or that would have been your first concern and you would have pushed for it while things were fine. Soooooooo I suggest you become responsible for your own life/expenses and try to patch things up with your wife, as it does seem you are depressed but sincere and want to be with her.

If you two decide you want to stay together, then you can file to become a permanent resident. If after counseling you decide you can not salvage the relationship, then you will have some money saved and can move back to India.

Best of luck

UnaMexicana

I almost forget about the condo. If you do not want to stay together, and she will leave the condo for you, sell it and us ethe money to start over in your home country.

[NikLR 13,231]

OP cant get a job. They have no work authorization.

[Marc_us82 49]

OP cant get a job. They have no work authorization.

Lol, many shops and restaurants will close down here in LA if what you say is true.

[Unlockable 7,315]

Out is status in the US. Don't have residency in former country. Don't have active passport to country of birth.

True definition of man without a country.

[Harpa Timsah 13,258]

Out is status in the US. Don't have residency in former country. Don't have active passport to country of birth.

True definition of man without a country.

No, some people are truly stateless and have no right to be anywhere. This is not the case with the OP, he can go to his birth country.

[NikLR 13,231]

Lol, many shops and restaurants will close down here in LA if what you say is true.

Suggesting someone do something illegal is against the TOS. It is true. Those places that break the law do it at their own peril.

[IcezMan_IcezLady 582]

I find something awfully weird with your situation.

Did you really never worked all this while? How are you "fending for yourself?"

Forgive me for this but there are people who never AOS just for tax reasons. There's more to your story than you are telling.

Because it beats my imagination that, with all the restrictions to certain benefits of LPR and USC, you just functioned normally like it was no big deal.