Even though you are separated, you have a child together. Your husband can sponsor you for a green card.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
"USCIS may dislike us living apart for 4 years" does not provide you with a bona fide proof of a requisite marriage to seek an immigration benefit for AOS. You truly need a counsel.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
What I think you meant to say is that he wants to file I-130 petition for you, inasmuch as you have a bona fide marriage and a child in common. Circumstances change, and immigration will look at the totality of your evidence to determine your relationship, so do not be afraid to proceed with the family petition if your relationship is in good faith. Please consult with experienced immigration lawyer to determine your options.
www.GintareLaw.com. Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
You mean I-130, right? Work with counsel. Shouldn't be a huge issue if you can prove the legitimacy of the relationship.
Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an experienced immigration attorney. This answer does not create an attorney-client relationship.
Since you are married to a US citizen, you could be sponsored for a greencard by your husband. You will need to collect evidence to show that you have a real marriage, despite living apart for years. You might find it difficult to get your F1 status since you are married to a US citizen, as it might look like immigrant intent. Talk to an immigration lawyer directly to discuss your situation. Many of us offer free initial consultations, and I urge you to take advantage of that.
DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or email@example.com or consult with your own legal advisor before taking any action based on information appearing here.