Pls Help on my status

H

Helen_62

New Member
Hi folks, I am in urgent need of help and I dont have any money to get a lawyer help me in my present state.

I have an expired F1 and have obtained my AP and EAD. My husband has filed for my 1485 (he is the primary applicant).

Both me and my husband is now facing a serious strain in our relationship and I am considering divorcing him now. I heard that if I do that all my AP and EAD and my I485 is going to be invalid. I dont have a problem with taht but my real problem is that is it true that if I file for divorce now, I wont get a chance to renew my F1?

I am a graduate student with a valid I-20. If I file for divorce now, can I still have my F1 renewed in this country? Please help me if anyone is knowledgeable in this or has similar experience. I regret to have married him and now landed myself in this state and I am all stressed out.

Thanks in advance.
 
Originally posted by Helen_62
Hi folks, I am in urgent need of help and I dont have any money to get a lawyer help me in my present state.

I have an expired F1 and have obtained my AP and EAD. My husband has filed for my 1485 (he is the primary applicant).

Both me and my husband is now facing a serious strain in our relationship and I am considering divorcing him now. I heard that if I do that all my AP and EAD and my I485 is going to be invalid. I dont have a problem with taht but my real problem is that is it true that if I file for divorce now, I wont get a chance to renew my F1?

I am a graduate student with a valid I-20. If I file for divorce now, can I still have my F1 renewed in this country? Please help me if anyone is knowledgeable in this or has similar experience. I regret to have married him and now landed myself in this state and I am all stressed out.

Thanks in advance.
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I am sorry to hear that. I would suggest u to post the same question in Murthy's chat. Attorney Sheela Murthy hosts a chat session every monday at 9:00 PM EST and answers many questions like this.

For more info about chat pls look at http://www.murthy.com/chat.html

I wish you a good luck and May God bless you.
 
Helen_62,

I am sorry to hear that. Maybe you should give your husband a chance and talk with him thru it... Everybody makes mistakes.

Regarding your situation, if you also have filed I485 as a dependant of your husband, then I think you can't renew your F1, at least for now. That's because you have immigration intention.

But if your I485 is denied, then that intention doesn't exist. Maybe you can renew then.

This is just my opinion. You'd better contact a lawyer.

Good luck!
 
Talk to your School / Social Organization

Your schooll should have a in-house para-legal or advisor with regards to F-1 etc. Talk to them and see. You can also talk to Women's Organizations , they might be able to help you legal/financial.
 
Why not use the guy ???!!!

Yah! why not just hang on till you get GC, then kick him!

That way you can focus on your studies and career. And who knows, things may change at the end of it - blessing in disguise!

... well I know this is most stupid advice ....

Good luck!
 
I believe you can change your status back to F1 based on your I-20. As long as there is no fraud (or a reasonable suspicion of fradulent intent) INS cannot terminate your academic pursuit just because you do not want to stay in your marriage. In fact, there are special provisions in the statute that protect abused spouses (and the authorities have construed this mainly to mean wives) from being further penalized by immigration related provisions.

PS: I do not in any way imply/presume that you were abused. I just want to highlight that abused spouses are a protected class under immigration law.
 
You could also try to obtain your GC through abused/battered spouse provision, though I suspect this applies to women who are married to US citizens. This route is a bit painful as you would have to go thru an interview process etc.

Talk to your university legal office (the one that offers free legal counsel for students) - they are helpful.
 
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Talk to your school international director. If he/she cannot advise you, then he/she will forward you to the right person. But, be sure to take professional advice.
 
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