• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

i'm posting this again, I really need help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dlen79

Junior Member
What is the name of your state?
New York.

Ok here's my story:

5 years ago I married an American Citizen, we filed for my green card, however at thefinal interview, i misread the letter and went alone. Our case was denied because of that. So we filed again... Thrhough all of this, we werent' getting along, he was being abusive towards me and I moved out and now filed for divorce.
I checked the status of my case as it was still pending, and I just have been approved for my work permit.. However, this is probably going to his address as i never changed address because i was afraid they would close the case immediately.
My question is, how can i get hold of my work permit? Can I file for change of address? And if i get divorced, can i get married again and file for green card? I have built a life here for me and now live with a great guy.... I hate to leave this country as i have been here 10 years..... Can you help me? I'm desperate!!!
thanks
 


AHA

Senior Member
dlen79 said:
What is the name of your state?
New York.

Ok here's my story:

5 years ago I married an American Citizen, we filed for my green card, however at thefinal interview, i misread the letter and went alone. Our case was denied because of that. So we filed again... Thrhough all of this, we werent' getting along, he was being abusive towards me and I moved out and now filed for divorce.
I checked the status of my case as it was still pending, and I just have been approved for my work permit.. However, this is probably going to his address as i never changed address because i was afraid they would close the case immediately.
My question is, how can i get hold of my work permit? Can I file for change of address? And if i get divorced, can i get married again and file for green card? I have built a life here for me and now live with a great guy.... I hate to leave this country as i have been here 10 years..... Can you help me? I'm desperate!!!
thanks

What kind of visa did you enter the US on?
 

dlen79

Junior Member
I entered the country as a visitor on a I-94 when i was fifteen with my parents and we overstayed. I met my ex 2 years after that and got married..
 

ImmigAttyLana

Senior Member
If you filed again but are not even living with your husband, you are not going to be eligible for permanent residence on the basis of this marriage and even if you get the work permit, the ultimate application will not be approved since it is not approvable. If you want to get divorced and restart the process with the new person, assuming you marry him after divorcing your current husband, then you would be eligible for permanent residence on the basis of the new marriage.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

dlen79

Junior Member
ImmigAttyLana said:
If you filed again but are not even living with your husband, you are not going to be eligible for permanent residence on the basis of this marriage and even if you get the work permit, the ultimate application will not be approved since it is not approvable. If you want to get divorced and restart the process with the new person, assuming you marry him after divorcing your current husband, then you would be eligible for permanent residence on the basis of the new marriage.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Thank you Lana for your answer... I have been very stressed about this whole thing.. Do you suggest that I would send a letter to INS and request that the case be cancelled due to divorce??? So i can start again eventually when I get married again?
Thank you again for your help.. you are a savior
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top