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Filed: Other Country: China
Timeline
Posted
Or, maybe you could schedule an Infopass appointment and see what they tell you...

An Infopass at this point would be useless when it comes to divorce laws...If they live in a state where you can file for divorce by Monday and get an a court date by May 21st, and the Judge signs it on the same day, then, I'd say schedule and Infopass to see what they say....Otherwise, it would be waste of money.

I'm German..... sorry I don't know a lot about American laws what is an info pass??? I live in Florida!

My main concerns, after being divorced when do I have to leave the country??? Right away? Or do I have 2 more weeks?

Am I allowed to work until I get divorced?

What if I just leave without getting divorced would that be really bad?

I would need to get divorced first right to be even come back on a tourist or student visa again :-(

Please fill in your timelines and type of visa...I am sure some other VJ member can assist you here.

Sam why do you want to leave the USA? I will tell you to go find a Catholic church NOW they have Immigration advisors working there that will help you with legal immigration advice, find you a job, a place to live, and give you food if you need it. If you do divorce you do not have to leave the USA. Stay and get your green card then you can be out of the USA upto 6 months every year but not one day more and return of your own choice.

PLEASE DO THIS FIRST BEFORE YOU DO ANYTHING ELSE ! ! ! ! ! !

It's actually ok to desire a return to one's home country. It's pretty normal, in fact. She has no basis for remaining to adjust status and doesn't seem to be looking for charity.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: K-1 Visa Country: China
Timeline
Posted

She has no basis for remaining to adjust status

Oh yes she does I have a friend that went through this same sitsuation and she got her green card too.

please know what you are talking about before you give advice to some one that is in need and don't know what rights they have in America.

You may be only one person in the world,

but you may be the whole world to one person

LIVED IN YUDU CHINA SINCE 5-5-2008

SENT 129F AUG 5 2008

NOA1 AUG 13TH 2008--8 DAYS

NOA2 MAR 20TH 2009--227 DAYS

RECEIVED P3 MAY18TH--286 DAYS

RETURNED P3 MAY 19TH--287 DAYS

RECEIVED P4 JULY 3 4:30 PM

JUST 351 DAYS TO GET INTERVIEW

INTERVIEW DATE JULY 30TH 7:30 AM

RECEIVED A BLUE GOT IT TAKEN CARE OF

NOW INTO A DNA TEST

R4ECEIVED VISAS 3-26-2010 FOR VISAS

POE SAN FRANSISCO APRIL 6TH 2010

HAVE BE IN THE SYSTEM FOR 1 YR 8 MO 16 DAYS

Filed: Citizen (apr) Country: England
Timeline
Posted
Oh yes she does I have a friend that went through this same sitsuation and she got her green card too.

please know what you are talking about before you give advice to some one that is in need and don't know what rights they have in America.

Not everyone marries for a Green Card.

Filed: Country: Germany
Timeline
Posted

OP: Germany is part of the Visa Waiver Program. If you divorce and cancel your AOS you shouldn't have any problem returning to the US in the future on the VWP.

As for the rest, I sorry for your troubles. I wish you well as you pick up the pieces and move on.

____________________________________

Done with USCIS until 12/28/2020!

penguinpasscanada.jpg

"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

Posted
She has no basis for remaining to adjust status

Oh yes she does I have a friend that went through this same sitsuation and she got her green card too.

please know what you are talking about before you give advice to some one that is in need and don't know what rights they have in America.

Actually, Pushbrk is very knowledgeable about immigration.

With the info she posted, she cannot adjust under VAWA, if that is what your inferring to. So if she desired to try to stay in the US, she would need to contact a lawyer.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Timeline
Posted

Hold your horses OKIE2 :P . puskbrk is a member of repute and knows more about immigration protocol than you and me. The OP has clearly stated that she wants to return home with no problems in the future, and in no way sees the US as her permanent residence. In addition, she mentioned that she would like to come here again with an non immigrant status.

She has no basis for remaining to adjust status

Oh yes she does I have a friend that went through this same sitsuation and she got her green card too.

please know what you are talking about before you give advice to some one that is in need and don't know what rights they have in America.

Actually, Pushbrk is very knowledgeable about immigration.

With the info she posted, she cannot adjust under VAWA, if that is what your inferring to. So if she desired to try to stay in the US, she would need to contact a lawyer.

well said bobby!

Filed: Other Country: China
Timeline
Posted
Oh yes she does I have a friend that went through this same sitsuation and she got her green card too.

please know what you are talking about before you give advice to some one that is in need and don't know what rights they have in America.

VAWA is only basis for remaining if it applies. It doesn't. She wasn't abused, just cheated on. No need for charity and no need for contrived basis to stay has been indicated by the OP. Sounds like a sincere foreign national with a marriage that didn't work out. She wants to go home but preserve her VWP privileges for future non-immigrant visits to the USA.

If I'm missing something, be specific when you point it out. Otherwise, please try to tailor your answers to the actual circumstances.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted
So my husband and I talked about everything earlier. He confessed everything that happened the last few months he had an affair with one of his best friends and he said he has been cheating on me 5 to 10 times and apparently she is pregnant.

I've been going through a lot the last few weeks and it is not that I feel totally burned out and heart broken it is also that I'm worried about the divorce now.

Our immigration interview is gonna be on June 18th. I want the divorce before that though. I just got my work permit and I almost don't have any money to afford a divorce, can I still work until we get divorced? If we file for divorce in like 2 weeks how long would it take us to actually get to the day of the divorce?

I was planning to leave the country by June 2nd (would be 16 days before my actual immigration interview). What do I need to do to be able to come back on a tourist or student visa in a year or so... like what kind of things other than getting the divorce would I have to take care of, to not be in trouble to come back to the states.

Once we're divorced say we would get divorced by May 21st.... would I have to leave the country right away or would I be allowed to stay until June 2nd and leave then....

I still have some more questions.... please help me

If anyone could help you could also send me a message and I could give you my phone number... I just don't know anything about the laws in the states and I never thought I would get a divorce, so :-( please help me

You can also formally relinquish your application for adjustment of status too. If you "no show" for an interview, it renders a denial. To withdraw the application prior to that would look much better for the future and any intentions you have of visiting.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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