Yonkers, NY Immigration Law Firms & Lawyers

I am sorry to learn about the trouble with your son's marriage. If appropriate, I hope the couple may get marriage counseling to try to resuscitate the marriage even if just for the benefit of your grandchild. If your son and his wife no longer are living together and are contemplating divorce, it still may be possible for your son to succeed with immigration, although obviously the matter will be more complex and will require persuading the USCIS that the marriage was valid when entered notwithstanding that it ultimately failed or is failing. It would be wise for your son to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain his goals, and who then could offer legal representation in the often complex application process.

Without a doubt, your living separately from your husband will cause USCIS to question validity of your marriage. Vacation/holidays sojourns hardly fit the common notion of married life; and USCIS will be fully justified if they deny your adjustment application. Remember that, in adjustment proceedings, you and your husband have to prove that your marriage is real; USCIS does not have to prove the opposite in order to issue a denial on your application. So you have to prepare evidence that your marriage is a true one. I would suggest getting the records of your phone calls to each other, e-mails, text messages; transportation tickets, hotel and restaurant bills, etc. from your vacations together; plane tickets for each trip you made to New York or husband made to Texas; evidence that your husband pays for your education and for your expenses in Texas, that you are listed on his tax returns, insurance policies, bank accounts, residential lease, etc. You are facing an uphill battle; and it would be a good idea to have an experienced immigration attorney fighting it for you. While it might appear to be an expensive option, consider the costs of the appeal and of being represented in the Immigration Court if USCIS denies your application and places you in removal proceedings.