Stanton, TX Immigration Law Firms & Lawyers

It depends on how you entered the United States. If you entered the United States legally you can apply in the US. If not you will have to leave. However, you departure will trigger a ten-year bar. President Obama prosed recent rules to assist people like you to do processing of the waiver in the United States so that your departure will be as brief as possible. Because waivers are factually specific and rise and fall on the facts presented - I strongly suggest hiring counsel.

I am sorry to learn of the problems you are encountering with your marriage. Often it is helpful to seek advice and assistance from a couples counseling professional to try to resuscitate a marriage, and to consult with a domestic relations attorneys about rights and obligations in the event of a divorce. Regarding immigration issues for Conditional Residents (so-called holders of "two-year Green Cards"), if the couple is not living together when it becomes time to petition for removal of the condition and/or if U.S. spouse is not willing to petition jointly with the foreign national spouse, and if instead the couple becomes divorced, then the foreign national spouse alone may petition to remove the condition and seek a waiver of the usual requirement that both spouses petition jointly. To succeed, it generally is necessary to supply ample documentary evidence to show that the couple lived together in a bona fide marriage notwithstanding that the marriage did not last. A U.S. Citizen spouse cannot have her foreign national spouse deported, only immigration authorities can initiate removal (deportation) processes. Immigration authorities are accustomed to unhappy spouses contacting them to make allegations about their foreign national spouses, and they generally do not give priority or take action on account of those contacts. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

You may be able to file an I-824 to convert your case to consular processing and leave with him. First we would need to analyze how much time you were in the U.S. (if any) after you VWP expired before filing your I-485. I am confused about the 6 month delay.