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mel
I am British born and came to California on my I-94 (90 day visa waiver). I met a man who I genuinely liked and we married so as not to be parted.

With full intention of applying to immigration to adjust my status I stayed over my VISA by just 5 days before my so called loving and adoring American husband walked out on me leaving me illegal, homeless, hungry and without the air fare home.

I do not know where he is any longer. For a very short period I managed to locate him and cooperate to see why he left and if it was just fear of responsibility then we could rectify it. But he left again. He always had excuses for why I couldnt meet his family and so I have no way of finding him. What I do know is he is anti divorce which makes me wonder why did he marry and leave.

But my question here is, can I divorce him if im illegal? If so how long is it all going to take? I do not want to go home married and I am not exactly thrilled about the idea of being illegal. He has completely and utterly ruined me and because I am not a citizen, authorities are not helping me. Can I stay legally perhaps just by being emotinally and mentally abused in line with the Domestic Violence Act?

And can I qualify for a green card job sponsor (H1B) if I was offered one or does being over my VISA mean I cannot? It seems im penalised further even though I AM THE VICTIM.

I cannot get through to the British Embassy other than an automated response and do not have the funds to get to Washington or pay heaps for an attorney.

Someone please just tell me some helpful info?
Yoursy
You situation does not sound too good. Basically, you are legally married but never filed the paperwork to change status. Btw, I do not think you can change status on a Visa Waiver either, so you should really have left the country and come back on the K-1 visa. But, now you are kicked out from your home, illegal in the US and you have little or no funds.

There is a difference between being married in the U.S. and the whole immigration issue. Maybe the best thing for you is to try to get a divorce, if it was ever recorded properly.

If you leave the U.S. you will for the rest of your life have to get a visitor visa if you want to visit.

If you don't have any money to get a lawyer to help you out, then I would have continued my life at home and moved on.
mel
Yeah that all sounds very beautiful only I couldnt afford to get home as I said. Ok so you say get a divorce, but my question is can I? is it possible? I already know I should.

If I leave im screwed and if I stay im screwed so what I really need here is someone who can answer what I can do and not opinionate, its too late for that now. Iv heard these comments a thousand times, what I need now is some concrete answers. But thanks for trying.
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