Can I stay in the US and reapply on my own?

Asked over 3 years ago - Wichita, KS

I am married, separted, trying to get a divorce. I was in the process of naturalization. My wife left, cheated, and now has a child with another man. My wife and I were scheduled for an interview and she never showed up. We are tangled up with the divorce becasue she filed in WA and I live in KS. She is going after child support and she says that WA will not grant us a divorce until they can name the child with a father (who does not want to respond). I just want to know is there anyway that I still can stay here in the US? What are my options? My work permit is expired now.

Attorney answers (2)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You state that you are in the process of naturalization. Is this correct?

    If so, you are already a green card holder, and your divorce proceedings would have no affect on your immigration status.

  2. Stuart Jonas Reich

    Pro

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . Sorry to hear you are going through such a difficult time.

    It sounds like you may be in the process of getting a green card based on the marriage, rather than naturalization (citizenship). I would speak with an attorney directly to clarify.

    If this is the case, my first question would be your underlying status are you on some type of visa? If so,you might explore options based on employment. IF you have only applied for an initial green card and the marriage breaks apart, there is no way to continue the existing case. The only way you could get a green card would be based upon abuse to you by a citizen spouse (a different filing).

    If you already had a conditional green card, and the marriage breaks up before filing to remove conditions, there are more options.

    Speak with a lawyer to clarify what exactly is going in here, and to see what your options, if any, would be in that situation. Good luck.

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