I need advance what i do?

Asked about 2 years ago - Portland, OR

i got married to a guy from portland im from Fiji island its been a year i moved here.my husband is cheating on me and i cant divorce him because of the immigration law i cant divorce him for two years if i did i had to go back to fiji and i dont want to go back.i dont want to stay with him.is there any way you can help me.any advance plz

Attorney answers (5)

  1. Elliot M.S. Yi

    Contributor Level 15

    4

    Lawyers agree

    Answered . The immigration laws are concerned with fraudulent marriages entered into for the purpose of obtaining permanent resident status. Given that you have been here for a year, you are likely on conditional resident status. However, even if you decide to get a divorce within the two year period time frame, you may still apply for adjustment of status to permanent residence. This process is known as removal of conditions on permanent residence based on marriage. You would have to show that you entered into the marriage in good faith. To adjust status, you and your husband would normally apply jointly. However, if you divorce him, you may apply to waive the joint filing requirement. You should contact an immigration attorney, whether myself or one of my colleagues to see what your available options are based on your current circumstances.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more
  2. Irina S Batrakova

    Pro

    Contributor Level 4

    3

    Lawyers agree

    Answered . You are able to self-petition for removal of the conditions of residence and do not have to wait for two years, given there is a valid divorce has been secured and you are able to prove that the two of you lived in marital union. I am a local Portland immigration attorney. Feel free to call me or email me with the additional questions that you may have.

    Thanks,

    Irina

    The Batrakova Law Office | Irina S. Batrakova
    5 Centerpointe Drive, Suite 400 | Lake Oswego, OR 97035
    tel: 503.443-2486 | fax: 971.204.0230
    ibatrakova@batrakovalaw.com | www.batrakovalaw.com

  3. Raphael Samuel Moore

    Contributor Level 16

    4

    Lawyers agree

    Answered . Talk to an immigration attorney as soon as possible, whether us or another qualified attorney on Avvo. You do not need to stay in a bad marriage to preserve your immigration status. Your status is based on whether or not your marriage was lawful and not fraudulent.

    If you need representation, call us at (530) 758-8317 or email thelaw@mytrustedlawyer.com Our replies to Avvo... more
  4. Robert Henry Beer

    Contributor Level 14

    4

    Lawyers agree

    Answered . I don't understand your comment that "i cant divorce him because of the immigration law". That's not necessarily true but you have given me enough facts. Are you now a conditional lawful permanent resident? If so, when does your conditional lawful permanent residence expire? It would be a GREAT investment o seek mt legal advice or that of one of my colleagues. You might be eligible for a self petition or a VAWA waiver. If you feel you are in danger, please leave your house. Hope this helps. Wishing you well.

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel... more
  5. Eric Elliot Ludin

    Contributor Level 11

    3

    Lawyers agree

    Answered . I agree with my colleagues. talk to an immigration lawyer.

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