Can I file for myself to live in the US?

MY WIFE and I have three children together. Her mom filed for her and the children before we got married. They decided it was best for her and the children to go and then I would join them after she had gotten her citizenship. I got a visa a year later and we got married in the United States (US).

The marriage failed right before she started to file for me. However, she decided to continue with the filing, but then changed her mind. The filing was cancelled after a year of no contact between us and the US Embassy. Her Affidavit of Support was the final document that was needed. What are my options?

1. Divorce: Can the divorce be done in Jamaica or will I have to go to New York for this to be done?

2. My son thinks that I didn’t do enough because I should have stayed in the US and tried to get myself straight, like the Mexicans; in other words, run off.

3. Is there such a thing as self-filing, since I am married to a US citizen?

– Concerned Husband

Dear Concerned Husband, First, as a green card holder, your wife could have filed for you the day after she landed in America. There is no need for a permanent resident spouse to become a US citizen before filing a petition for their husband/ wife. Second, as you have seen from the petition that your wife filed, she is needed to participate in the process in order for your filing to be completed. If you are separated, there is no way to proceed with a petition by your wife.

If you want to file for divorce, you would have to petition in Jamaica as this is where you reside. You should consult with a Jamaican licensed attorney who practises family law to assist you in filing your divorce and serving your wife, wherever she resides overseas.

Understandably, your children are affected by the separation and you not living in close proximity to them in the United States. As they get older, you can have adult conversations with them as to the legality of US residency. ‘Running off’ was not, and is not, in your best interest as you would have exposed yourself to deportation and bars to returning to America. When your oldest child is 21 years old and a US citizen, he/she can file a petition for you to legally migrate to America and be reunited with them.

Under the facts that you have laid out, there is no opportunity to self-petition for US residency. Dahlia A. Walker-Huntington, Esq.,is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com