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Urgent advice!

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Old Feb 21st, 2008, 07:26 PM     #1
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Default Urgent advice!

I am a British citizen and came to America on a tourist visa with my American wife. She decided that she didn't want to return to the UK and so we applied to have my status adjusted to that of permanent resident based on our marriage. That was in January 2005. Since then, everything has been approved but no green card has yet been issued because the FBI have not yet completed my name check, which has been pending now for over three years. However, my wife and I are now divorced (we divorced just last year), due to the fact that she committed adultery and had another man's baby while we were still married. For the last three years I have been renewing my employment authorization around April each year, but now face the prospect of checking "divorced" on the application form as opposed to "married". Obviously my whole application was based on a marriage, and that marriage is now over. As much as I would like to return home to the UK rather than remain in America, I have a four year old daughter who is both British and American. I refuse to leave her behind. In any case, she is dependent on me for just about everything. I pay for her private school education, I fought in court to see her 50% of the time, and I am the only one who is providing health insurance for her. Where do I stand legally? Will I be able to renew my permission to work or will USCIS start to cause even more problems for me than they already have? If they refuse to process my case further due to the divorce, how can I stay in the country for the sake of my daughter? Many thanks for your consideration.
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Old Feb 23rd, 2008, 10:04 AM     #2
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Default Re: Urgent advice!

If the marriage was initially on good faith--as it was with you--you normally are still allowed to stay.

That circumstance does occur from time to time.

But it woud be a good idea to confer with immigration counsel about the application now.
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