Orcutt, CA Immigration Law Firms & Lawyers

If you did not disclose the marriage when applying for the F-1 nonimmigrant visa, you have the possibility of being accused of visa fraud.  I do note that there is a possible defense if  your spouse was a US citizen five years ago that any misrepresentation was immaterial since your major purpose was to study and not immigrate to the US. U.S.C.I.S. usually coordinates with the home consulate or embassy concerning what was put down on the nonimmigrant visa application in adjustment of status situations. Generally U.S.C.I.S. officers will allow applicants the opportunity to file for a waiver of the misrepresentation If there is a finding of visa fraud although such is not mandatory on immigration service officers and there is a chance of being turned down without the opportunity of waiver filing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

I wouldn't let your husband blackmail you. You should be able to file for a divorce and apply for your 10 year green card at the same time. As long as you have proof of the marriage, it should be a fairly easy case.

As long as you are a US citizen and there are no other potential issues of inadmissibility, USCIS will not deny his I-485 and I-130 because he overstayed his work visa.