QUESTION

I overstayed my visa because I got married, my wife doesn't want to apply for my green card and she wants a divorce !! Am I going to be deported ??

Asked on Aug 05th, 2014 on Immigration - Utah
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I overstayed my visa because I got married, my wife doesn't want to apply for my green card and she wants a divorce !! Am I going to be deported ?? Can I get my green card still ?? ... Our beliefs and what we want from the marriage doesn't much !! - she's doesn't want to have children. - and she wants to go back to the LDS church, while I don't want to.
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hi. The only option to correct your issue is marriage to a US citizen. Thus, if she wants a divorce, you cannot stay. In addition, if you overstayed 6 months, you will be barred from returning for 3 years (10 years if you stayed longer than a year). You cannot file without her or another US wife. 
Answered on Aug 06th, 2014 at 1:05 PM

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