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F1 and Illegal F2, Very Complicated Case, Need Suggestion

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  • F1 and Illegal F2, Very Complicated Case, Need Suggestion

    Hi,

    I'm a student with an F1 VISA. I came to the US in August 2009 and finished my MS in August 2011. Then I started my PhD program immediately.

    I had been in a relationship with my "wife" since October 2010. Everything went all right. After I finished my MS program I came back to my home country in order to marry her. We officially got married in July 2011. After successfully obtaining an F2 VISA, she came to the US with me two weeks after our marriage. However, just upon our arrival, I occasionally sensed that she still had a very close relationship with her ex boyfriend. Strong evidences (e.g., text message, phone record) which were dug out later made me feel that her disloyalty and betrayal were totally intolerable. She had deceived me for one year. I was kept in dark and knew nothing about it until it was too late.

    I felt that I could no longer live with her and persuaded her to return. Although reluctant, she came back to our home country 10 days after we entered the US together. After a careful consideration, I proposed divorce to her. At the same time, I reported what happened to the international office of my university and let them know I no longer supported her as my dependent. They responded quickly and terminated her in SEVIS soon.

    After I proposed divorce, she "disappeared". In December 2011, her sister warned me that she might use her F2 VISA and the I20 from my university to enter the US without letting me know. Therefore, I checked her immigration record in our home country and found that she took a flight to the US on November 1st, 2011. I was so shocked and contacted the international office of my university immediately. They also checked her record and found that she did enter the US but with a terminated record. A staff member in the international office explained to me that probably the border officer did not check her in the system carefully since her VISA and I20 had not expired. However, her status would be illegal. I was also told that what I had done were very correct since I reported everything to my university on time. As far as I know, they reported this issue to ICE and said to me that there would be no further issue in this case and my F1 status was not influenced.

    I have no idea where she has been and what she has been doing from her illegal arrival to now. Before she came to the US, we once orally agreed that we would officially divorce when I come back to the home country this May. The problem is, since she is now in the US, I guess she entered the states successfully in November 2011, she will not keep her words and take risk to go back. Consequently, if my assumption is true, I couldn't divorce her this May since the law in our home country requires the presence of both parties to go through the divorce procedure. Actually, her parents already told me something like "she dare not face me so she will not show up in May". They asked me to start a lawsuit in our home country to divorce her so that she does not need to take the risk to come back. As a result, after the divorce is sentenced by the court she could marry someone in the states in order to obtain a green card.

    Above is my miserable story. I'm asking you sincerely for suggestions. I'm a hopeless international student and do not know what is the best way to solve this issue without impacting my immigration status and student VISA application in the future. To tell the truth, I personally was very mad about her behaviors so I really want to stop her from taking advantage from me. Should I contact an immigration attorney and sue her or deport her? Any suggestion would be greatly appreciated. Thanks.
    Last edited by zlzhao; 04-14-2012, 01:28 AM.

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