Your wife can certainly petition for you to be accorded permanent residence. However, due to quota issues it will be a number of years before a visa will be available. Additionally, whether you will be eligible for apply for adjustment of status is unclear by your reference to a "special" visa.
Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
You want a free answer to your question and don't like the answers you received and now want to complain about them? How rude. Attorneys here take the time to answer questions as best as possible based upon the limited facts that are provided. Those fact, are unfortunately, often incomplete. If you want specific factual answers to your questions then pay an experienced immigration attorney for a consultation. Then you'll have the opportunity ask all questions that you want until you feel...
The attorney cannot be a party to perpetrating the fraud. Ethically, the attorney must withdraw from representation. The attorney would not be able to disclose the reason for his withdrawal as it would be prejudicial to his client. Even if the client admits the fraud to the attorney, the attorney cannot disclose it as the discussion is protected by the attorney/client privilege.
That being said, just because a married couple does not reside together does not mean the marriage is a sham....
At a minimum you need to allow at least 60 days to pass since you were not in possession of all required documents at your interview. There may be other issues with your case but since we don't know all the facts (just because your I-130 was filed on 04/17/2001 (prior to 04/30/2001) does not automatically make you eligible for 245(i) benefits, a fact many people do not know) we can't determine whether there are any other issues.
How best to proceed really depends on whether there are other...
It sounds as though your girl friend is a U.S. citizen. In that case, the case can probably be resolved though either withdrawal of any petition she has filed or though divorce. She should consult with an experienced immigration attorney for assistance.
The "wet foot dry foot" policy only applies to Cuban nationals who arrive in the United States unlawfully. You have the ability to arrive in the U.S. lawfully. The fact that you arrive using your Venezuelan passport does not prevent you from applying for adjustment of status under the Cuban Adjustment Act if you satisfy the physical presence requirements and are otherwise eligible. Consult with an experienced immigration attorney who can review your case and recommend the best way to proceed.
An I-134 is not an enforceable contract (unlike an I-864). Additionally, the I-485 is not filed by the USC petitioner,it is filed by the alien. In certain instances it is still possible for a K-1 alien to apply for permanent residence where the marriage occurred within the 90 day period, even though the marriage is no longer viable. I recommend that the alien contact and experienced immigration attorney who can review the specific facts of her case, advise as to the options available, and...
If your asylum application has been pending in excess of 150 days you can apply for employment authorization. It does not have any effect on your F-1 visa since it will be authorized employment (assuming you do not work before receiving your work permit).
The regulations are quite clear. The physical presence requirement has to satisfied at the time of filing. Continuous residence must be satisfied at the time of filing up until the oath is administered.
If you want case law then retain an experienced immigration attorney to review your case, do the research, and prepare an appropriate memorandum. This forum is not the place to get individualized advice.