I 485

[simon123 0]

Hi I would be grateful for any help with this issue.

I entered the US January 2009. I married a US citizen November 2009. The application was filed March 2010. We seperated July 2010 before the final interview which was November 2011. I attended on my own and explained we were dating and seeing counsellors. My wife denied this and presumably withdrew her support. I was denied March 2011, but it did not state that I must leave.

My wife filed for divorce September 2010 - we are still married pending divorce hearing August 2011.

I returned to the UK July 2010 while I-485 application was in process and was paroled back in. This is stamped in my passport and expires August 2011.

I want to apply for an H-3 temporary work visa and am unsure of my status.

I have been told that my status is 'paroled' until this expires.

I have been told that I am OK until I am divorced.

I have been told that I should not leave the US because I entered US legally and it reset my clock to zero if I leave.

I have been told that I am out of status and need to leave ASAP and get in status.

To return to the UK and then come back I will need to buy a single back to UK (same as return) and then get a return from the UK to comply with my new visa that I return with.

Thank you in advance for your help

[belinda63 3,047]

Your advance parole was voided when the I-485 was denied as it was issued based upon this application. You are and have been since your denial out of status. You don't state what visa you entered in but unless it was a K-1 (which it doesn't look like) you accumulated quite a bit of overstay and I am surprised you were allowed back into the US with your advance parole.

I don't know how the work visa's are obtained but I think you have to return to your country to obtain it. If this is the case you will trigger a ban as soon as you leave.