AOS

J

Janeritchie01

New Member
I petitioned my fiance and married in the US now for 5 years. I applied him AOS after the marriage but did not attend for an interview. Now, he wants to use an immigration attorney to apply on his own without my cooperation. Yes, I am not willing to get him to be a permanent residency but rather to send him home. We have 2 children, filed income tax as joint every year and lately he put me on his car insurance.. are these enough evidence that his married to me is genuine and can be able to get residency with the help of immigration attorney?
 
Your spouse is not some piece of baggage you can send home. Divorce him if the marriage is no longer working. He and his lawyer can go figure out how to legalize his stay, it shouldn’t concern you if you plan on divorcing him after five years of marriage and two children together.
 
It’s not your decision to “send him home”. It’s a person, not like returning something you bought on Amazon. USCIS will make a decision based on the facts of the case as presented.
Two kids and 5 years of jointly filed tax returns? Prima facie sounds like a genuine marriage, anyway pretty much out of your hands now what happens.
 
We have a pending case separation in 2020. Right after I gave birth with our 2nd child. He run away. But he came back to watch our children so I can work and support the family. I filed joint tax return because I am the head of the family. We have a lot of issue that would prevent me in helping him legalized. Now he is working under the table. We are still together just for the children. He watched the children while I am at work and vice versa. He is also driving without Driver license . He has fake International Driver License. I have my own insurance for the car but I found out he put my name in his car insurance. I read some website that working without a permit would hurt his an application to USCIS. Is this right?
 
The spouse of a US citizen is in the Immediate Relative category and being out of status and/or working illegally have no effect on AOS in this category. If he has a pending AOS he should be able to get an EAD which would allow him to work legally and have a driver's license in any state. In any case, as SusieQQQ said, his immigration status and whether/how he can stay in the US is his concern, not yours. Just divorce him and move on.
 
Hello everyone. I won DV lottery with case number 1k. I came to the US on February 1, 2022 with tourist visa. I’m at the US as a tourist status until August 1, 2022 (6 months). But my visa was expired on May 1,2022. May I apply for my green card lottery from here? Any suggestions ? Thanks in advance
 
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