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ukstang

Separated from US wife, now seeking H1B Visa

By ukstang in Work Visas

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ukstang Contributor

ukstang   0

Posted
Filed: K-1 Visa Timeline
Posted (edited)

I married my wife under a K1 Visa, successfully received my green card, we both lived and worked in the US for around two years. Last April we moved back to Austria, Europe and have been working here for a year. I officially surrendered my green card to the Embassy.

My wife now decides to break my heart and leave me, we are separated since a couple of weeks and divorce is imminent. I was manager of a graphic department and my ex boss would like to sponsor me and go back to work for him, will there be any complications in applying for a work visa being as we are still technically married?

Any advice would be greatly appreciated.

Edited by andyukok442
HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

USCIS knows only two marital statuses: married or not-married. Since you do not yet have a final divorce decree you are still married in their eyes. Because you are married to a USC, it may very well be an issue - you may have some extra work to do to to overcome the presumption of immigrant intent. The fact that you voluntarily surrendered you green card helps you quite a bit here. Showing the consular officer the legal papers initiating the divorce process should also help. I have no idea what the timeline is like for a workplace-sponsored H-1B, but it would behoove you to have the divorce as far along as possible by the time the consular interview (they do those for H-1B's, right?) rolls around.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

  • 1 month later...
Boiler Grand Master

Boiler   45,749

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

H1B is dual intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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