QUESTION
My husband committed a bigami, am I in danger to be deported, as I already overstayed my J1 visa for more than 90 days?
Asked on May 16th, 2016 on Immigration - Florida
More details to this question:
I came to the US second time on j1 visa, my visa expired on Jan 26, i got married to US citizen on the 5th of February! When I was ready to file the papers, I needed the final decree from his previous marriage, then he told he was still married to his ex wife but in the process of divorce(before he told me they were already divorced, I believed)! At this point I overstayed my visa for 110 days already, later I found out divorce was never filed(as the wife was the one who was filing, when she found out about me, got mad and stopped the process). Now he's ready to file himself, but she's saying she'll call immigration on me, that's why we afraid to file not to make her mad more! What are my options at this point?
1 ANSWER
This is a situation where you really need to consult an attorney. You are out of status which makes you removable from the country but you are not necessarily under threat of immediate removal. You need to decide whether you want to continue to be with this individual and if so, is he going to follow through on the divorce this time. You may be eligible to self-petition but more information is needed. You can read more about the adjustment of status process at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on May 17th, 2016 at 3:28 AM