Limbo - Odd Situation

tlynch

New Member
In November 2014 I proposed to my wife in South America. We decided to return to the States and spend the holidays with my family. We had not looked into getting married yet, and assumed we would figure everything out while she was visiting, and we thought we would plan a wedding in June. At that time, we thought she would likely return to Colombia, wait for a fiancee visa, and then return.

Her parents decided to come to the States over for Christmas, and when we realized that our families would all be here, we decided to get married in December.

Everything was great. She was 2.5 months into a 6 month tourist visa, and we started planning to file the paperwork for her to to become a permanent resident through marriage. Then our marriage hit a snag in the road -- to be completely honest, I broke her trust. We did not know what we were going to do, we loved each other, but were not sure we were going to make it. She moved out of the house for a while and it did not look good for us.

My wife decided that regardless of what was happening with us, she would want to study English and applied with an I-539 to stay and study English at a University. She was getting her PhD when I proposed to her, and she is considering studying in the US. That application was submitted in late April. We did not feel applying for the permanent resident status based on our marriage at the time was appropriate, as we did not know if it would last.

Through a long process, we have decided that we want to stay together and make our marriage work. It is not perfect, but we both love each other and want to make it happen. We are now caught in limbo. Her I-539 has been pending for 4+ months and we do not know what we should do.

We understand if she gets denied, she will have 2 weeks to leave the country. We have been told not to apply for anything else while her current application is pending.

I am not scared because I know everything is legit and if they research us, they will see that while the story is bizarre, everything checks out. I have faith that if things are legit, the system will work for us. My wife is not as confident and fears the worst.

Thoughts? Advice?
 
Just apply for AOS for your wife. I-539 is irrelevant. Family petition trumps them all. You do not need to wait for I-539. The moment you file for her GC she will be safe so there's nothing to worry about.
 
Does everyone agree that there is no risk in applying for an AOS with a pending I-539 given this situation? We have all of the paperwork ready, is it advisable to get a lawyer in this situation?
 
If you are saying now that your marriage is "not perfect" and having doubts, it's not going to get better. This is the best time to call it quits while you have no kids together. Trust me it will be a lot harder when you have kids and I am speaking from experience.
Once a cheater, always a cheater. Sorry, men don't change....
 
Hi UNR,

Thanks for the feedback. Fortunately, I have friends and family to discuss my relationship with! I am really just looking for immigration advice here! Anyone else?

Thanks.
 
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