Married to TN visa holder who wants divorce...I want to stay in this country

tlv

New Member
I am married to a TN visa holder who intends to file for divorce. I and 4 children are on TD visas and our youngest child is a US citizen, born here. I have no income because of the TD visa thing. I really want to stay in this country. He claims that an immigration lawyer told him that he can have me deported with a single phone call by telling them that the marriage is dissolving. Is that true? He says they will even come to the house and escort me back over the border...we live close to Detroit. I want to stay here. I would like to find a way to work and eventually get a green card. I am also currently finishing a Associates of Christian Ministries and someone could pick me up on an R-1 visa and hire me that way come the end of July. Our visa renewal date is July 28th. My graduation date is July 30th. What can I do? I am desperate for some answers here...please help!
 
You can keep renewing your TD as long as you’re married. Filling for divorce doesn’t invalidate your status; the divorce has to be granted by a judge for your TD to be invalid.

Basically once you’re divorced you would need to find your own legal status to remain in the US. You could file for change of status and request 6 months in B status.

I think you should talk to a lawyer.
 
We had some time to talk now finally. Things have calmed down. I told him he just needed to stop threatening me with deportation. He is still convinced that he can even though I've been told several times now that he can't. I think he paid too much in lawyer fees and got shafted with not good information. We are going to agree to seperate without divorcing for now. He cannot afford it at all. I am going to work on an R1 if my church will agree to it. The children will stay on his visa but in my full custody. The cost of them riding my visa on R1 would be $200 per dependant and at 4 of them that get too costly. R1 visa costs $190 to file. We can do that. Neither one of us want to be ugly or involve the cost of lawyers and make things worse or work against the other. I believe that we can do this amicably. He could just keep filing my dependancy status true but I wouldn't have an income to cover the expenses of what isn't covered by what he'll pay me. I need to have an income to stay in the country. B status would work if we were rich! Thanks for the idea though, I appreciate it.
 
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