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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7578
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My wife came here on a tourist visa in 2010, we ended up

Customer Question

My wife came here on a tourist visa in 2010, we ended up legally getting married August 1st 2010, and started the immigration process. We started it ourselves and there was an issue with me for a past criminal record from 1998, we didnt know about the AWA waiver until after we were denied for not enough evidence that I am no danger to my wife, we immediately hired an attorney who took over the case as we waited for 2 years for a response, this attorney failed to get our new information in on time, and we were rejected by the BIA. we had to hire a new attorney 1 1/2 years ago and they started the process all over again, she has been legal here and will receive her new work permit shortly, so its been 8 years married, and a month ago she decides that she is not in love with me anymore and we are separated, shes currently with someone else, we want to continue the process, as I do not want her to lose the opportunity to live in the US and move on with her life, I do not want to lie at an interview that we are still together and live together. Is it best to get a Separation agreement, not a divorce in case the question is asked at the interview? tell the truth we must do, does she have other options? I dont want her to be deported. what is the best solution you think? also every year her work permit has been issued. also I am most likely now to be approved for the AWA waiver as much additional evidence has been received and they have asked for no further additional evidence
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 7 months ago.

Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Customer: replied 7 months ago.
thank you
Expert:  Jen Marie, Esq. replied 7 months ago.

Unfortunately if you are no longer together and not living together, then you cannot continue petitioning for her. Getting a separation only would not change that. Being just married legally is not enough to be able to continue with the case. You would have no choice but to lie if you're not together, which I do not recommend because that can be an issue for you.

If she is with a US citizen, once you're divorced, maybe they can marry and he can petition her.

I'm so sorry ,I wish I had better news. I hope you can understand that I don't make the laws and I can't change them.

Good luck to you and I hope this answer has helped you.

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Expert:  Jen Marie, Esq. replied 7 months ago.
Hello again.. I see that you were able to view my answer yesterday, but you did not ask any follow ups or leave me any feed back. Please let me know how else I can help and please kindly keep in mind that we experts do not receive a salary from this website. We only receive credit when you leave a good rating for us with the stars ★★★★★. I'm sorry that the answer may not have been what you were hoping but I must be honest with you. Hope you can appreciate that. Thank you for your consideration of our work and time here.