need help!!!

[estonian 1]

Dear Visajourney.com members!

I need help. I came here at the end of November to get married with the most amazing man in the world. Our living together journey havent been easy- came out he has tumour in his head and I have precancerous health issue. He is also going to Afghanistan, he is at army. His family have never been supportive about us- his sister was sending text messages night before wedding, saying Dont marry her. This whole have put pressure and stress to our lives. Whats also - my husband has PTSD- post traumatic stress disorder (when theres stress, then he have to be left alone, other wise they start yelling, they got angry and blow up; there have been so cruel words...)

We got married 1.st February, my K1 visa expired 19th February. Now I am here and we havent filed for AOS, because we had also money problems.

AND HE WANTS DIVORCE, because he says, I doesnt understand his PTSD and Im not enough supportive...

His mom says he is just immature with marital commitment and he will regret divorce. Which I think is true.

So my question is- when I leave next week, then can I come back as a tourist? Or what should I do that I wont have issues with USA Government?

Thank You very much..

[Otto 83]

when I leave next week, then can I come back as a tourist? Or what should I do that I wont have issues with USA Government?

When you say leave - you mean to return to your home country to live? Or are you thinking of returning to your husband and remain here in the US?

P.S.,

What is the expiration date on your I-94 (in your passport) - not the expiration date of your K-1 visa.

[estonian 1]

When you say leave - you mean to return to your home country to live? Or are you thinking of returning to your husband and remain here in the US?

P.S.,

What is the expiration date on your I-94 (in your passport) - not the expiration date of your K-1 visa.

ohh im sorry, I-94 expired at 19th February.

Leaving- he said he doesnt want to see me anymore. And he will send divorce documents after to my home country. We would be 100% done.

[Otto 83]

ohh im sorry, I-94 expired at 19th February.

Leaving- he said he doesnt want to see me anymore. And he will send divorce documents after to my home country. We would be 100% done.

Right, so at this moment you are accruing overstay time and unless you plan to attempt to adjust status (get a PR/Green Card) on your own (which may be possible), you should consider returning to your home country as soon as possible. Carefully consider your options BEFORE you leave.

The overstay (especially if it goes on long enough) can pose a problem if/when you desire to return as a tourist (or any other reason).

[estonian 1]

Right, so at this moment you are accruing overstay time and unless you plan to attempt to adjust status (get a PR/Green Card) on your own (which may be possible), you should consider returning to your home country as soon as possible. Carefully consider your options BEFORE you leave.

The overstay (especially if it goes on long enough) can pose a problem if/when you desire to return as a tourist (or any other reason).

Yea, Im definately going back to my country. If I would leave next week Thursday- over stay would be then 14 days. What would be causes??

[milimelo 4,467]

No problems with overstay until it is 180 days - then it's a 3 yr ban. Over a year, 10 yr ban.

[Okalian 41]

Right, so at this moment you are accruing overstay time and unless you plan to attempt to adjust status (get a PR/Green Card) on your own (which may be possible), you should consider returning to your home country as soon as possible. Carefully consider your options BEFORE you leave.

The overstay (especially if it goes on long enough) can pose a problem if/when you desire to return as a tourist (or any other reason).

Otto und Karin,

Please correct me if I'm wrong, but i thought a K1 visa holder cannot do anything except adjust status by his/her petitioner. While in the US with her k1, she cannot adjust status by any other means, including getting petitioned by another USC or an employer.

[sachinky 465]

Correct, K-1 entree can only adjust status on basis of her marriage to her USC petitioner in 90 days.

No other way.

[JimVaPhuong 4,863]

Otto und Karin,

Please correct me if I'm wrong, but i thought a K1 visa holder cannot do anything except adjust status by his/her petitioner. While in the US with her k1, she cannot adjust status by any other means, including getting petitioned by another USC or an employer.

She married the petitioner, so she has a basis to apply. From her description, she may have grounds to self petition based on a VAWA claim.

[justashooter 430]

this is not a VAWA case. if AOS had been filed it could be a self petition after divorce on basis of good faith marriage, but since no AOS there is no basis. VAWA is for people that endure physical violence, or the threat thereof, and leave the relationship with evidence of such.

the OP should leave USA asap and will have no trouble coming back as a tourist or later K1/CR1. the divorce is the only possible problem i see. it could be that the husband will not actually file in a timely fashion. if i were the OP i would file myself before leaving, but that takes a few bux.

[JimVaPhuong 4,863]

this is not a VAWA case. if AOS had been filed it could be a self petition after divorce on basis of good faith marriage, but since no AOS there is no basis. VAWA is for people that endure physical violence, or the threat thereof, and leave the relationship with evidence of such.

the OP should leave USA asap and will have no trouble coming back as a tourist or later K1/CR1. the divorce is the only possible problem i see. it could be that the husband will not actually file in a timely fashion. if i were the OP i would file myself before leaving, but that takes a few bux.

"Physical violence" isn't mandatory for a VAWA case. Mental abuse can also be a basis for a claim. If her husband's PTSD is documented then she might have a reasonably good chance of a successful claim.

[zainab786 1]

Girl! Don't make a mistake of leaving US. I am already in troubles. Although it was not a voluntary departure from ma side..

Yes!! you are eligible for VAWA as you are married and also bearing emotional violence, Physical is not mandatory also he threatened you/ asked you to go back or did not file AOS after getting married is also an eligibility criteria for you to go for VAWA. If you can provide evidences for "extreme cruelty" go for VAWA.

[Old Dominion 26]

I agree. Re-entering the US from Estonia as a tourist probably won't be possible no matter what. If you want to stay in the US, fight for it. Catholic Charities always has someone on staff to offer immigration advice....try it

[estonian 1]

Hello again! Months have gone and we filed for AOS. Its on process now.

We also had new fight and he has total angry issues. He has threated me with "punch to the face" and "if i doesnt stop he will smack me and kill me". And i should better leave, until he does smthg and he will lost everything (he is military).

He wants that I would leave and after he would send me divorce papers to me for signing.

So situation is different now. What are my possibilities to have no issues with US government and my ability to stay here? And what will happen if I will leave?

[3600rs 24]

We also had new fight and he has total angry issues. He has threated me with "punch to the face" and "if i doesnt stop he will smack me and kill me". And i should better leave, until he does smthg and he will lost everything (he is military).

PSTD coupled with other problems have contaminated military families at all levels. Its a fast popping epidemic without a cure. PSTD is notoriously famous and sparks a strong VAWA case. You have a great normal looking person from the outside, with an ugly inside. Dirty hands in clean gloves.

Be safe, collect lots of evidence and approach a good VAWA lawyer.