Category: Q&A

1. Adoption I was wondering if I could bring my nice to US through adoption? He is 18 years old and I am US citizen. Mr. Lee answers: Unfortunately you are not able to bring your niece to the US through adoption as any adoption would have to be completed before the child turned 16 in order for Immigration to consider it for immigration purposes. 2. Would it Be Legally Possible for International Student to Go Inside the United States With ESTA and Then Go To Mexico and Come Back to the US? I am a Japanese student from Japan traveling America with ESTA now. I’ve been here since 9/20/2017. I plan to go to Mexico in early December for a couple of weeks and then come back to America since I will be an international student at UC Berkeley for about three months. So, I was planning to re-enter into America with my student visa (F1 VISA). Will I be able to come back to America without any trouble? Or is there a certain place I have to go before coming back to America?  Mr. Lee answers: If you already have an F-1 visa in your passport and if the schooling at UC Berkeley will start within 30 days of your reentering the US, I do not see any problems with your plan. There is no place that you would have to go before coming back to the US in the above situation. If you do not yet have an F-1 visa, you would likely have to go back to Japan to apply for one before coming back. 3. I Unfortunately Came Illegal to USA, but I Pay Taxes and Am Married and I Got Approved on I-130 , I-824, So Can I Apply for I-485 and I-765 Now or I-94 ? How many more applications I need apply till I get to the application to social security and work permit? Mr. Lee answers: If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen or LPR, you may be able to apply for the Administration’s I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal.

1. H-1B Transfer Query Can you please help me evaluate below mention condition for my H1B Renewal/Transfer? I have a valid H1B Visa with employer A (India) and now I am working for Employer B (India). Employer B wants to file H-1B visa, in which category (Renewal/Transfer/Extension) H1B can be filed. I haven’t traveled to US any time during my previous tenure with Employer A. Both Employers were Indian company. Mr. Lee answers: In your situation, employer B would file an H-1B petition for you as a new petition, and it or its lawyer would have to explain why it is that you are not subject to the H-1B cap. 2. Entry Without Inspection (EWI)? How is C1/D visa considered as EWI? As far as I know every time our ship came to USA, First US port our ship is mandatory to stop or dock for immigration check. All crew members got to see ICE/Immigration officer on the port. We’ll need to present our passport with US Visa then they’ll issue us they called it I-95 permits and will sign their log book so they’ll have a copy on their end that we are legally entered here in the USA. We need to have this in our pocket every time we go offshore in USA, if we don’t have this piece of paper in our pocket or we can’t present this paper if any ICE ask about this permit, the next thing we’d know u are going back home on that day. I just don’t understand about this I-95? It seems this is a one way permit and no one would recognize it. As a crew member I came here legally with proper docs and I am seeking to get my status adjusted in a legal way.  Mr. Lee answers: Under US immigration laws, a crewman is not adjustable to permanent residence. A C1/D visa is not considered EWI, but it is in a special class by itself. 2. What Do I Have to File Paper Wisely to Leave the Country After The Divorce? Can I Still Enter U.S. for Travel? I am currently married and on my conditional resident card. We had been together for 5 years in total- married for less than a year. We are looking to get a divorce- I do not want to stay in the United States. I want to go to my home country- however I was wondering if I need to still file anything besides the divorce- and if I am still able to visit the U.S. for traveling (Under 30 days). Also am I able to file the divorce and sign it from my home country? Mr. Lee answers: You have a conditional residence card which will expire at the end of two years. The best course would probably be for you to notify U.S.C.I.S. in writing that you are divorcing, have no intention of filing an application to remove the conditions on your residence, and will be returning to your home country permanently. I suggest that you send such communication with proof of delivery. That may prove useful to you when you either apply for a visitors visa to enter the U.S., or if you are from a country under the visa waiver program, when you enter the country and are inspected by Customs and Border Protection. Whether you are able to file for divorce and sign it in your home country depends upon the law in your home country since you do not appear interested in living in the U.S. anyway.

1. I Am An Asylee With Approved Asylum Case, Applied for Refugee Travel Document Before I Left the States. It has been more than three months, I have not received my refugee travel document. I want to know what are the implications if I travel back to the states without my refugee travel document in hand? What will happen if I show them my asylum approval, my work permit, a letter from my organization explaining why I had traveled, and the receipt from USCIS that they received my application for refugee travel document and that I have already done my biometrics. I want to know if I will be able to return without my refugee travel document in hand? Mr. Lee answers: Without having your refugee travel document in hand, you might certainly have a difficult time at the port of entry. Assuming that you are even able to make it to the port of entry in that the air carrier (if flying in) has allowed you to board, the immigration inspector would certainly place you in secondary inspection and you would likely be stuck there for quite some time while Customs and Border Protection decides what to do with you. Ultimately they may allow you back in, but it may be quite an ordeal for you. I note a 1999 memorandum from legacy INS that a person in your situation is inadmissible and subject to removal proceedings and may not resume status in the U. S. unless he or she applies for and is granted a refugee travel document at a U. S. consulate or port of entry, or is granted parole back into the country. 2. Can Stepdad File An I-130 and I-485 for Child With Expired K-2 Visa If Mother And Stepdad Are Divorced? My son was born out of wedlock in Germany to a German mother and US citizen father. Paternity was established many years later and he pays child support under a court order. In 2008 we came to the US to marry a different man with a K-1 and K-2 visa, but my son’s I-485 was not filed because I was told by the DA’s office and USCIS hotline he is a U.S. citizen by birth, but father fails to file a 600 for him. With attorney’s advice I acquired citizenship in June 2015 to file for my son. I filed I-130 and I-485 last September and got denied because of wrong status on I-94 entry form. Now they want to deport him while he is still a minor and we have no relatives over there anymore. The original petitioner and I are divorced. Can he still file for my son? Mr. Lee answers: Under present law, your son is eligible for adjustment of status under the original petition. The marital relationship was adjudged bona fide by USCIS as you are now a US citizen and could only have been adjusted to permanent residence through the petitioner of your K-1. The crux of the matter is that the original petitioner either had to have filed an I-864 affidavit of support in the past, or he is willing to do it now. 3.What Is The Process for a Temporary Green Card Holder Deportation From the U.S.A. After Criminal Conviction Was Vacated? Who is barred permanently: If you have been convicted of an aggravated felony, entered the U.S. without permission after being removed (deported), or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States. This isn’t quite as bad as it sounds, however, in that you are allowed to apply for a waiver of inadmissibility after ten years. Am I illegible for this waiver?  Mr. Lee answers: You may be eligible for a waiver of the “permanent” bar after you have been outside the US for 10 years. At that time, you could apply for one and it would be adjudicated in accordance with law. One of the things that will be considered is the aggravated felony even if the criminal conviction was vacated. In the eyes of DHS, an individual can be declared inadmissible if he or she admits the facts of the barring act.

1. I Was Deported Last Year – Can I Still Come in Under H-1B Visa If I Have a Sponsor? 2 years ago while under H-1B, I had an argument with my employer over his shady practices, left the company, and reported him to the labor department. He got mad and reported me to Immigration and I never knew that I was supposed to attend the hearing, so I was ordered deported. I didn’t know that I was deported until I tried to apply for a travel visa to come back. My skill is in great demand, and I can find another company quickly that can file for H-1B for me again. I only used up 2 years of time under the H-1B. Do I have to apply under the H-1B lottery again? If not, what is the procedure? Dear reader, You might be able to apply for another H-1B visa even after you have been deported by the US if you obtain permission to return. Since it appears that you already had an H1B visa and have not exhausted the six-year limitation, you would not be subject to the H-1B cap limit and an interested employer could sponsor you for another H-1B visa. You would generally be refused by the American consulate or embassy, and required to file an I-212 application for advance permission to return to the US after removal if the consular post recommends you for the filing. The application would then be forwarded to the U.S.C.I.S. Admissibility Review Office in the States which would make the final decision. 2. Will My Son’s Cerebral Palsy Prevent Our Family From Immigrating If I Get Clearance Through a National Interest Waiver? I work at a university and the research that I am doing is very cutting edge. I have multiple publications to my name, and people know me in the field. I want to apply for U. S. immigration under a national interest waiver (NIW), but am worried that we will have a problem in immigrating because of our son’s cerebral palsy. How much of a worry is it? Dear reader, Your son’s condition is not a factor for U.S.C.I.S. to consider when you apply for an NIW. With the green card process, it would have to be demonstrated that you are able to support yourself and your dependents. The question of support can be answered by a job offer in the field of national interest. Without a job offer, you would have to show other means of financial support such as from a permanent resident or US citizen who would be willing to submit an affidavit of support (form I-134) with supporting documentation. 3. Under H-1B, Can I Purchase A Motel, Hire A Manager, and Have Him or Her Run the Establishment?  I am in the U. S. pursuant to H-1B visa status and working full time for my employer. I am thinking to invest in a motel in New Jersey where I will own the motel 100% for my investment of about $250,000, and I will hire a manager who will run it for me. Can I do this under my H-1B status? Dear reader, Your H-1B visa status only allows you to work for your current employer. That being said, there is nothing to prevent you from buying a business and having other people manage it for you.

1. Can My Husband Get Denied for His Green Card Because I Gave False Information to Receive Food Stamps?

I had reported falsely in the past about my husband income to receive food stamps. I stop receiving them. But I didn’t get caught or fined that I gave wrong info. Now I want ask for my husband green card then after for his U.S. citizenship. Will it come up in the process? Will the immigration see we gave information about his work income but will see we gave other information to receive food stamps. I know I’m sorry. I am embarrassed of my own actions. 

Mr. Lee answers:
US immigration law assigns blame according to the individual who did the act. If your husband had nothing to do with your giving false information to receive food stamps, he would not be held accountable. The chances are that the food stamp incident will not come up in the process since he does not have a criminal record from it.

2. Did I Have Chance to Fill Out the I-130 For My Mother If Her I-94 Expire 2 Months Ago?

After several entrances without any problems at this time she was coming to visit the family last Christmas and the I-94 expire on late June 2017. She is a retired 70 years old and I want to change her tourist statues and proceed to petition her. What do you recommend the best step to fallow. Extended her stay to have enough time to be process her legalization or introduce first her I-130 without any problems. 

Mr. Lee answers:
If your mother is 70 years old and still in the United States, you would be best off applying for her adjustment of status here in the States if that is the wish of both of you. For that, you would not only be filing the I-130 petition, but also the I-485 adjustment of status along with all the other related forms and documents and filing fee. The fact that she qualifies as the immediate relative of a U. S. citizen exempts her from the requirement of maintaining status in order to file for adjustment of status to permanent residence.

3. C1/D Visa

Am I qualified to apply for cancellation of removal? Since I came here with C1/D visa then got married and have been here for 9 years now. Just want to be prepared next year will be my 10 years here. Or aside from applying for cancellation of removal (next Year if ever) is there any other way to get my status adjusted? 

Mr. Lee answers:
As a person coming to the US with a C1/D visa, you are not qualified to apply for cancellation of removal as crewmen are specifically barred from this relief by statute.  If you were in another category than crewman, you could apply at the end of the 10 years as long as you have a parent, spouse, or child who is a US citizen or permanent resident. You would have to prove 10 years unbroken residence, good moral character, and exceptional and extremely unusual hardship to your qualifying relative if the cancellation of removal application is not granted.

 

 

1. Present Status Expiring – Should My Cousin Apply for Political Asylum If She Plans to Get Married Later?

My cousin from China entered the U. S. with a tourist visa last year, applied for an extension which was approved, and has only 2 months left before that expires. We understand that the chances of her obtaining another extension are not good. There is a chance that she will get married to a U. S. citizen in the future as she is single, but that will be down the road. In the meantime, she is thinking about applying for political asylum to stay here. Should she do that?

Dear reader,
If there is a good reason for her to file for political asylum, she can do so based upon past persecution or a well-founded fear of persecution if returned to the home country. Such would have to be based upon political opinion, membership in a particular social group, religion, nationality, or race. I do not encourage the filing of asylum cases without base. Applications for political asylum are being turned down at a higher rate these days by the U. S. government, and can serve as the basis for removal proceedings at a later point. If there is a marriage after removal proceedings have begun, it is appreciably harder to obtain residence status through marriage at that time. Where there is a final order of removal, the chances of reopening based upon marriage to a U. S. citizen are slight.

2. Immigrant Visa Applicant Wants to Enter U. S. at San Francisco Instead of New York with Corresponding Change in Mailing Address for Green Card – How To Do It?

I had an interview for the green card with the American consulate in Guangzhou to 2 months ago and received my immigrant visa. I am preparing to journey to America, but wish to change my destination from San Francisco instead of New York. Do I have to clear this with the U. S. Consulate since I put down the address in New York as the place where my green card should be sent? Or can I just notify the U. S. immigration officer at the airport of my new address? Do I have to live with my sponsor?

Dear reader,
The port of entry does not have to be the same one corresponding to the address that you put down on the DS-260 on where you will be going in the US. You can talk to the Customs and Border Protection inspector that you meet stating that you want to change the address for the green card. You do not have to necessarily live in the same state as the sponsor unless the sponsor is your spouse. For employment-based cases through labor certification in which you are expected to work for a certain employer, your residing in an area not within commuting distance to the employment could raise suspicion that you do not intend to work for the sponsoring employer and give you problems accordingly.

3.Green Card Through Employment With Fake Name – Can I Sponsor Sister Since I Am U. S. Citizen Now? 

I came to the U. S. in the 1970 with a false passport and name, and later got my green card through labor certification as a cook using the passport and a false certificate of birth. I’ve been a U. S. citizen. My sister just got divorced in China, has a 3-year-old daughter, and now wants to leave China and come to the U. S. She has been asking me to petition for her and I wonder whether my doing so will get me into trouble. For example, will the U. S. government look through my immigration file when processing my sister’s case?

Dear reader,
The Department of Homeland Security is continually updating forms and procedures in the quest for higher security and there is no guarantee that it will not look into your file in determining your sister’s eligibility. I note that the F-4 sibling category under which you are thinking of applying for your sister currently has a backup date of 5/8/04 for all of the world except for natives of India, Mexico and the Philippines for the month of August 2017. That means that it is taking approximately 13 years for a person to immigrate under the category. If your sister has other ways to immigrate, e.g. labor certification or investment, that might be a quicker way for her to enter the U. S. rather than waiting on your petition.

4. Case Denied in May Because We Moved And Did Not Receive Notices From Immigration – What To Do? 

I am a U. S. citizen and applied for my father who came to the U. S. 5 years ago under a visiting visa. After filing the I-130/I-485 package, we received a request for dad to go and take fingerprints and photographs in January 2017, and since then heard nothing from U.S.C.I.S. We checked the U.S.C.I.S. online status system, but the message was always the same that it had received the application in November 2016. We recently checked by telephone with the U.S.C.I.S. National Customer Service Center and were told that dad had been sent a request for birth certificate in February and after not receiving the document, U.S.C.I.S. had denied his adjustment of status application in May. Maybe we did not receive these notices because we moved in February, though we did send in the AR-11 address change notice. What can we do now?

Dear reader,
It would appear that it is too late to consider filing a motion to reopen or reconsider under form I-290B as a motion would be due within 30 days of the U.S.C.I.S. decision. You and your father could schedule an Infopass with the local U.S.C.I.S. office to explain the situation and see whether the Service can reopen under its own authority. If not, you and your father can refile the entire I-130/I-485 package once again with new fees – this time with your father’s proof of birth. Please note that if you receive an approval on the I-130 petition (that is not dependent upon your father’s birth certificate), you would not have to file another I-130 petition and could simply append the I-130 approval sheet to the I-485 application. Good luck!

1.Can I Take A Short Course On B-2 Visa?

I am legally in the US until December and would like to complete a short course in nail and make-up. Can this be done on a B-2 visitor’s visa?

Mr. Lee answers:
Although US law does not allow B-2 visitors to study during the time that they are in that status, a short course in nail and makeup would be an exception to the rule if it is a casual, short-term class and does not lead to certification at the end.

2. Can One Apply for I-140 on H-4 EAD?

Scenario is 1. Applied for perm before 6th year H1 expiration 2. changed to H4 and H4 EAD 3. Currently on H4 EAD as spouse has I-140. 4. If perm approved in 2-3 months while on H4 EAD, can one apply for I-140? Or should the person convert to H1 and then apply for I-140? 

Mr. Lee answers:
Whether you are H-1B or H-4 on an EAD makes no difference in your organization filing an I-140 preference petition for you. The I-140 petition mainly adjudicates whether the category under which the organization is requesting you under, e.g. EB-2 or EB-3, is appropriate to the type of position and requirements which are being requested in the PERM application; whether you are qualified for the position as stated by the requirements of the PERM labor certification; and whether the employer has the ability to pay you the prevailing wage which is indicated on the PERM application.

3.Illegal Immigrant

I am an illegal immigrant who’s been in the state of CA since the age of 3 (I am now 26). My fiancée is a US citizen and we were trying to figure out if it would be better to get married here in the US, or in Mexico, where we are planning to move for as long as it takes for me to obtain some kind of legal status.

Mr. Lee answers:
You would most likely be better off being married in the state of California since a return to Mexico would bar you for 10 years from the U. S. because of your unauthorized stay since the age of 3. If you marry in Mexico and your wife files for you, you would have to be denied an immigrant visa, told to file for a waiver, and then have to file for and receive an I-601 waiver before you could return to the States. Such waiver would be based upon establishing extreme hardship to your wife if the waiver was not granted and you had to stay in Mexico. If in the States, you could file for an I- 601A provisional waiver which you could wait for and see the result of before making a decision to leave the country.  The criteria for waiver would be the same as with an I-601 – hardship to your U. S. citizen wife if the waiver is not granted. Assuming that the I-601A is approved, your consular processing would in all likelihood be normal. 

1. Is There Any Way to Stop Deportation With Two Felonies On Your Records?

My husband was detained by immigration on Feb. 11, 2016.  He has two drug felonies on his record.  Is there any way to stop deportation? 

Mr. Lee answers:
Usually one drug felony is enough to bar a person permanently from the US. Two drug felonies would be tremendously problematic. You should bring all of his criminal court records along with his immigration history file to an immigration lawyer to obtain his or her opinion as to what if anything can be done to help your husband.

2. While Filing Form I-130, Should We Use Both of His Last Names or Just The One I Took?

I’m filing the I-130 with my husband for citizenship, he has two last names on birth certificate and etc and when we got married we decided to take one. He still has two last names. 

Mr. Lee answers:
In filing the I-130 petition for your husband, you should put down both last names are which on the birth certificate for your husband. At some point or other, your husband’s immigration paperwork has to match the name on the birth certificate. Whether you decide to take only one of his last names as your married name likely makes no difference, but truncating his last name on his own papers might cause a problem.

3. US Custom Law for Importing Used Goods for Sale in the US

I have bought two cameras and a lens from Amazon over a period of two years (in 2014-2015) for personal use, their current total value is approximately less than $2000. When I bought them I paid sales tax, and I have used them for the duration of owning them. I’m now currently traveling to the USA and I’m considering selling them on eBay or through a trade in program at a camera store. Legally, can I sell them back in the US? Must I declare them? What does the law say? 

Mr. Lee answers:
I do not believe that the casual sale of two cameras and a lens that you acquired over a period of two years would be prohibited by law. I also do not believe that you would have to declare anything from the sale inasmuch as the amount of profit would probably not be enough to compel you to file a tax return. I am not aware of any law in the area as my area is immigration law, and am only giving you a common-sense answer.

 

 

1. Can I File for Green Card, Being Considered As a U.S. Resident Alien As Per Internal Revenue Service (IRS)?

Mr. Lee answers:
Being a permanent resident for purposes of U. S. taxes is not the same as being a permanent resident in the eyes of the Department of Homeland Security. You would have to qualify under a recognized basis such as family relationship, employment-based immigration, asylum, investment, etc. 

2. Can A Person Carry and Bring a Large Sum of Money?

Does a person carry and bring money from Hawaii to California have to pay taxes to IRS before it leaves Hawaii and gets to the owner in California even though the owner still hasn’t received the money yet.

Mr. Lee answers:
The U. S. generally does not tax individuals for bringing in their own money. The U. S. taxes income and other gain made by individuals who are considered residents for tax purposes or who have made money here in the United States. Under U. S. law, any amounts which are brought into the U. S. from overseas $10,000 and over in cash or negotiable monetary instruments must be declared to U. S. Customs and Border Patrol upon entry. Travel from Hawaii to California is within the United States and any monies originating in Hawaii should not have to be declared. 

3. What Do We Do After We Submit the Adjustment of Status Forms for a K-1 Visa Holder?

The application has been submitted and confirmed delivery by USPS to the Chicago USCIS office. But that was at the end of last week and the end of this week is the end of the 90-day period to get married and apply for the green card. As we have no received a call or email about the alien number, we are wondering if we did everything correctly and should just wait… or did we miss something? 

Mr. Lee answers:
As long as you were married within the 90 days and you have now submitted the I-485 adjustment of status package to the Chicago lockbox of U.S.C.I.S., you probably did everything okay. You can generally expect a receipt from U.S.C.I.S. approximately 3 – 4 weeks after submitting the paperwork. U.S.C.I.S. does not have instantaneous action to send a receipt and for you to receive it within a week in adjustment of status situations.

4. If I Marry An Immigrant, Do They Have to Live in The U.S.?

My boyfriend currently lives in Brazil and we would like to get married. He doesn’t want to become a citizen but he would like to live here as a resident but still be able to visit his family every year in Brazil. If we get married, does he need to stay here for a certain amount of time before returning home? 

Mr. Lee answers:
Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage.

1. DACA

Would my renewal be denied if I haven’t renewed my DACA working permit over a year? I have no criminal or bad records at all. I work and go to school.

Mr. Lee answers:
DACA was terminated by the Trump administration on September 5, 2017, with a proviso that cases could continue to be processed for individuals who filed an initial or renewal request for DACA and employment authorization by September 5, 2017, or filed a renewal request by October 5, 2017 if their statuses expire between September 5, 2017 – March 5, 2018. As you do not appear to fit within either of these categories, your DACA renewal at this time would most probably be denied.

2. How to Apply for My Husband to Come to the U.S.?

I got married with a foreigner overseas and I am pregnant now.  I would like him to come here to the USA and to attend his baby’s delivery and get his green card too.  W got married on November 14, 2014 and I have been going back and forth to visit him.  I don’t have a job at this moment and he is the one providing the support for me.  I would like to know if he can be approved to come here with me.

Mr. Lee answers:
I assume that you are a US citizen or permanent resident of the US. You can sponsor him on form I-130 petition for alien relative and once approved, have him go through consular processing for an immigrant visa interview at the US embassy. On the question of support, you would have to fill out the I-864 affidavit of support form, but if you do not have enough to support him financially, you can have a relative or friend of means be a cosponsor and guarantee on another form I-864 that he or she will support your husband at the time that he comes here. Unfortunately I doubt that the paperwork will clear in time for him to attend his baby’s delivery.

3. What Will Happen If I Withdraw My Green Card Application Before the Interview?

I am an international student on F1 VISA. I started my PHD at the University of Florida. I dated a girl there 2.5 years until I had to move to University of Michigan since my boss moved. I had to give up 3 years of work and start over in the lab if I would have stayed.  We were so much in love, when I was leaving Florida my girl friend said we should get married and live apart until I finish my degree and then live together.  I love her so much that I could not say no to her even I knew that it is so hard to maintain long distance relationship.  So we got married and I applied for green card.  I just had my finger print taken a month ago.  In the mean time I met a girl and fell in love in two weeks.  I am trying so hard to get rid of her from my mind but totally helpless and my wife can sense it and we are having fight so much. What to do?

Mr. Lee answers:
You appear to be in a position to choose, and it would seem that the choice is between staying with your wife and perhaps obtaining the permanent residence or going with your new infatuation. This is a choice that you would have to make yourself dependent upon the feelings in your heart.