Firstly we are suppose to get an apartment together as couples, she collected parts of the rent from me & she went to get the apartment on her name without including me on the lease.
I never knew until I bought almost all the furnitures, bed, Tv & Tv stand.
So when it's time for me to move in, she said the landlord had to run a background check on me, that I need to sent money order what $150 Which I did. Few weeks interval I spoke with her consigning my moving in with her. She & the kids.
She was complaining bitterly on the phone that there is nothing to eat. I had to rush down to Walmart to buy Groceries what $100
Few days later she told me that I was denied living with my wife by the Landlord. According to her
What will happen to my status if I file for divorce?
I think she's using me.
Sorry to hear about your situation. There is little you can do if the marriage was entered into in good faith. If you do believe she planned this from the start, visit http://www.ice.gov/identity-benefit-fraud for more information.
The response posted here is for general purposes only, and should not be construed as legal advice. Further, no attorney-client relationship is formed by responding to your generalized post. Before taking any action on your case, consult an attorney for a more detailed analysis of the exact facts and laws underlying your question.
Filing for divorce will not effect your status; meaning you are out-of-status with/without the divorce. If you do divorce this means your wife will not petition for you in order to get you on a path to receiving a green card. But there may still be other avenues for you. Contact an immigration attorney in your area asap.
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You cannot apply for green card unless your wife is willing (or able) to sponsor you, and certainly not if you two are currently not living together as a married couple. Also, given that she has children, etc., it seems that even if and when filed, you will have a hard time convincing CIS that yours is a marriage entered into in good faith for "love" and not for the sole purpose of procuring yourself a green card. Sorry.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Filing for divorce means that your current spouse will not be able to file for adjustment of status for you. But as others have said, you may have a hard time proving that this is a "good faith" marriage. You should consult with an immigration attorney to determine if you have other paths to status in the U.S.
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