Failed Marriage - Please Advise

S

sean11

New Member
I came to US in 2001.
Graduated in 2005.
Got married in Jan 2006.
My OPT expired in Jun 2006 while my file for Adjustment of Status was still pending.

My wife withdrew the application without my knowledge due to marital problems in Jun 07 before I received my temp. GC.

We are still married but divorce seems to be the only option.

Is there anyway to save my status???

Please Help!!
 
I am afraid, you are out of status now. You were ok as long as your AOS was pending. That is not the case now. When exactly was the AOS withdrawn?
 
To be honest, barring marriage to a US citizen, I do not see a way out. Having said that, since you have already once been a marriage based AOS applicant, USCIS will scrutinize your next AOS application very keenly. You shouldn't even attempt this unless you are involved in a bonafide marital relationship. I would also advise you to consul a competent attorney. You are just 4 months away from accruing 1 year of illegal presence. I may be wrong, but since you have already graduated, your I-94, if it has "D/S", will not be able to save you.
 
Thanks,
what about applying for canada? will my status here in US hurt my chances of immigrating there?
 
One thing you need to check on. The Canadian consulate in Buffalo may not entertain your immigrant visa application since you do not hold legal status in the US. Lately they want a year of legal residence to entertain the application.

sean11 said:
what about applying for canada? will my status here in US hurt my chances of immigrating there?
Click to expand...
 
sean11 said:
Thanks,
what about applying for canada? will my status here in US hurt my chances of immigrating there?
Click to expand...

Canada would be okay as long as you dont get deported from US. If you do then you would be in big trouble for immigration in any country
 
You must log in or register to reply here.
Top