Marriage collapse before AOS... still here in US and seeking advice from VJer's

[Fuzzy 0]

Hi everyone, although this is my first post I am not completly new to this forum as my wife and I used this forum regularly when we applied for my K-1 visa (although this was done under a different username).

I have re-registered to hopefully receive advice that will help me in my unfortunate situation.

I will try and explain my situation the best I can. OK here goes (deep breath).

I entered the US on a K1-Visa in May 07.

I married my wife in July 07 (within the 90 day period).

Unfortunately for me our marriage began to collapse when my wife started to fall in love with her best friend. At first it was arguments of jelously and trust as she denied having feelings for him. Eventually I decided enough was enough, it was obvious to me that she was falling in love with him and I had to move out . A month or so after I moved out my wife admitted to me that she had slept with him....about a week after the day I moved !!! It was one of those situations were I hated to be right. Since then and to this day, they have been together as a couple.

This all happened around the time I was supposed to file for my AOS and I never proceeded to file the papers... due to obvious reasons.

Since then I've been trying to figure out what to do and to be honest I didn't want to go home....I needed time to get over all this.

I am aware I have been living here out of status. I am unemployed and do not have the right to work here. I can't live off my savings forever. If possible, I would like the right to live and work in the US, legally with the freedom to leave the country as I please. I didn't marry my wife to have this right, I married her because I loved her and I wanted to be with her.

My first question is...... My wife and I are still married, would it still be possible for me to change my status at this stage? Although I have not talked with my wife about this, I'm sure she would be willing to comply. I'm sure many of you are scowling at me for even asking about this Right now I see this as the only option at a chance to stay here.

My other option (possibly my only option) is for me to move back home to England. If I move back to the England, will I be banned from visiting the US and how long will I be banned for?

If I ever wanted to apply for another visa, will I have difficulties..... as I have been living out of status does this mean I have overstayed?

OK that's about it from me. If you would like further info from me in order to answer my questions accurately please feel free to ask me Thank you for everyone's help or advice in advance. I am very prepared for everyone responses advising me to go back home to England and pick up my life again.

Edited September 23, 2008 by Fuzzy

[payxibka 10,047]

Hi everyone, although this is my first post I am not completly new to this forum as my wife and I used this forum regularly when we applied for my K-1 visa (although this was done under a different username).

I have re-registered to hopefully receive advice that will help me in my unfortunate situation.

I will try and explain my situation the best I can. OK here goes (deep breath).

I entered the US on a K1-Visa in May 07.

I married my wife in July 07 (within the 90 day period).

Unfortunately for me our marriage began to collapse when my wife started to fall in love with her best friend. At first it was arguments of jelously and trust as she denied having feelings for him. Eventually I decided enough was enough, it was obvious to me that she was falling in love with him and I had to move out . A month or so after I moved out my wife admitted to me that she had slept with him....about a week after the day I moved !!! It was one of those situations were I hated to be right. Since then and to this day, they have been together as a couple.

This all happened around the time I was supposed to file for my AOS and I never proceeded to file the papers... due to obvious reasons.

Since then I've been trying to figure out what to do and to be honest I didn't want to go home....I needed time to get over all this.

I am aware I have been living here out of status. I am unemployed and do not have the right to work here. I can't live off my savings forever. If possible, I would like the right to live and work in the US, legally with the freedom to leave the country as I please. I didn't marry my wife to have this right, I married her because I loved her and I wanted to be with her.

My first question is...... My wife and I are still married, would it still be possible for me to change my status at this stage? Although I have not talked with my wife about this, I'm sure she would be willing to comply. I'm sure many of you are scowling at me for even asking about this Right now I see this as the only option at a chance to stay here.

My other option (possibly my only option) is for me to move back home to England. If I move back to the England, will I be banned from visiting the US and how long will I be banned for?

If I ever wanted to apply for another visa, will I have difficulties..... as I have been living out of status does this mean I have overstayed?

OK that's about it from me. If you would like further info from me in order to answer my questions accurately please feel free to ask me Thank you for everyone's help or advice in advance. I am very prepared for everyone responses advising me to go back home to England and pick up my life again.

The adjustment of status application is YOUR application. The only thing you need form your wife is the I-864. Will she do this?

The length of ban will be determined by the length of ultimate overstay.

[Fuzzy 0]

I'm pretty sure my wife will help me out where ever she can. I know she is keen to have me stay.... her boyfriend, not so much.... he would love to see the back of me and therefore he may make it difficult for her.

As I stand today, if I went home how long would I be banned for? What are the time brackets and penalties?

Edited September 23, 2008 by Fuzzy

[payxibka 10,047]

I'm pretty sure my wife will help me out where ever she can. I know she is keen to have me stay.... her boyfriend, not so much.... he would love to see the back of me and therefore he may make it difficult for her.

As I stand today, if I went home how long would I be banned for? What are the time brackets and penalties?

I think it is :

0-180 days - No ban (but no VWP either)

181 - 365 days - 3 yrs

366+ days - 10 yrs

[Chica Yeyé 41]

I think AOS depends on you still being married to your wife; not only in the legal sense. How would you prove common address and bona fide relationship?

It doesn't look good.

[Fuzzy 0]

Ah so I have a 10 yeah ban :'(

[Eric-Pris 1,607]

The AOS would probably not work anyway since you would have a hard time proving it. So I say divorce her on account of her infidelity, take half her money, and return home. SERIOUSLY.

I don't know if would get any kind of ban. You did marry within the 90 days. You are not the only person who is past the 90 days and not filed for AOS.

[Fuzzy 0]

I think AOS depends on you still being married to your wife; not only in the legal sense. How would you prove common address and bona fide relationship?

It doesn't look good.

Legally we are still married. All my mail is delivered to our shared address and we have bills in our name. The relationship part would be difficult

[Sha and Scott 0]

As far as I know, your status here in the US is still legal. You married within the 90 days period so no worries on that... Even though the K1 visa has expired, the legality of your stay is still valid. If you can ask your wife to sign for the affidavit of support then good... just be prepared on how to gather proof for the interview about your marriage since the two of are no longer together...

[Fuzzy 0]

The AOS would probably not work anyway since you would have a hard time proving it. So I say divorce her on account of her infidelity, take half her money, and return home. SERIOUSLY.

I don't know if would get any kind of ban. You did marry within the 90 days. You are not the only person who is past the 90 days and not filed for AOS.

Agreed AOS would be difficult. I'm not the sort of person that would take her money.... it's just not my style.... that's if she had any money.... she's got some debt but I think I'll let her keep that haha.

[payxibka 10,047]

The AOS would probably not work anyway since you would have a hard time proving it. So I say divorce her on account of her infidelity, take half her money, and return home. SERIOUSLY.

I don't know if would get any kind of ban. You did marry within the 90 days. You are not the only person who is past the 90 days and not filed for AOS.

Why not? Once you exceed the I-94 expiration date you are accruing overstay days... You need the AOS to get your overstay forgiven.... Without the AOS, there is no basis for the forgiveness.

[libyloba 0]

Hi everyone, although this is my first post I am not completly new to this forum as my wife and I used this forum regularly when we applied for my K-1 visa (although this was done under a different username).

I have re-registered to hopefully receive advice that will help me in my unfortunate situation.

I will try and explain my situation the best I can. OK here goes (deep breath).

I entered the US on a K1-Visa in May 07.

I married my wife in July 07 (within the 90 day period).

Unfortunately for me our marriage began to collapse when my wife started to fall in love with her best friend. At first it was arguments of jelously and trust as she denied having feelings for him. Eventually I decided enough was enough, it was obvious to me that she was falling in love with him and I had to move out . A month or so after I moved out my wife admitted to me that she had slept with him....about a week after the day I moved !!! It was one of those situations were I hated to be right. Since then and to this day, they have been together as a couple.

This all happened around the time I was supposed to file for my AOS and I never proceeded to file the papers... due to obvious reasons.

Since then I've been trying to figure out what to do and to be honest I didn't want to go home....I needed time to get over all this.

I am aware I have been living here out of status. I am unemployed and do not have the right to work here. I can't live off my savings forever. If possible, I would like the right to live and work in the US, legally with the freedom to leave the country as I please. I didn't marry my wife to have this right, I married her because I loved her and I wanted to be with her.

My first question is...... My wife and I are still married, would it still be possible for me to change my status at this stage? Although I have not talked with my wife about this, I'm sure she would be willing to comply. I'm sure many of you are scowling at me for even asking about this Right now I see this as the only option at a chance to stay here.

My other option (possibly my only option) is for me to move back home to England. If I move back to the England, will I be banned from visiting the US and how long will I be banned for?

If I ever wanted to apply for another visa, will I have difficulties..... as I have been living out of status does this mean I have overstayed?

OK that's about it from me. If you would like further info from me in order to answer my questions accurately please feel free to ask me Thank you for everyone's help or advice in advance. I am very prepared for everyone responses advising me to go back home to England and pick up my life again.

I've been reading your post and responses... unfortunately, I did not have an answer to you question so I did not reply. Still, I will like to wish you the best of luck. I hope everything works out for you.

[Fuzzy 0]

Thank you for everyone's reply.

I think I've established that if I go back to England I will be banned from entering the US for 10 years :"(.

If I decide to stay and apply for AOS it will be difficult.... but I don't think it would be impossible.

What are peoples thoughts.... if you were me, would you stay and apply for AOS or return home with a 10 year ban?

All opinions and thoughts welcomed.

[payxibka 10,047]

Thank you for everyone's reply.

I think I've established that if I go back to England I will be banned from entering the US for 10 years :"(.

If I decide to stay and apply for AOS it will be difficult.... but I don't think it would be impossible.

What are peoples thoughts.... if you were me, would you stay and apply for AOS or return home with a 10 year ban?

All opinions and thoughts welcomed.

First AOS gets you a 2 yr card.... You then need to figure out how to get the conditions removed to get the 10 yr card. A lot easier if you are still married but not impossible if divorced

[TracyTN 237]

The AOS would probably not work anyway since you would have a hard time proving it.

A hard time proving what?