Divorced and left US during TGC Process

[CaityDrewM 0]

Quick question!

Several years ago I married a US citizen while in the US and successfully adjusted status to Temporary resident while there. I will spare you the detail but our marriage lasted only several months and we divorced and I left the US without notifying anyone and assuming that I wouldn't be back and wouldn't have a need to go back. Fast forward to the present and my US Citizen fiance and I live in Australia (He's also an Australian Permanent Resident) together with our daughter who is a US Citizen and an Australian citizen (she was born here in Aus). We would like to complete my US immigration stuff again to give us freedom to move back and be near his parents (they are both elderly and he is an only child) and give our daughter the option to school in both countries.

Did I do the wrong thing by not notifying anyone when I left?

Should I notify anyone now?

Thank you!

[Macbook 2]

Do you have valid GC? How long have you been outside USA? Are you gonna get married to USC again?

[Harsh_77 718]

If it was several years ago then I am guessing your GC is already expired.

The option you have is get married in Aus and file for DCF process, I don't think fiancee can do a DCF process if you want to come to US as fiance then you she will have to file K1 for you and once you are in US you will have to get married in 90 days and then file for AOS.

Personally option 1 is better.

[CaityDrewM 0]

Thank you! Yes, we'll get married July 2012 when our daughter is old enough to walk the aisle.

My temporary GC has expired (I left uS 6 months before it expired in Jan 11).

I believe DCF is no longer possible in Australia or countries without a USCIS presence but not positive?

Thanks again! That leaves which options by the way? We'll be married by then. All very confusing!

[JimVaPhuong 4,863]

Thank you! Yes, we'll get married July 2012 when our daughter is old enough to walk the aisle.

My temporary GC has expired (I left uS 6 months before it expired in Jan 11).

I believe DCF is no longer possible in Australia or countries without a USCIS presence but not positive?

Thanks again! That leaves which options by the way? We'll be married by then. All very confusing!

You're correct about DCF - only possible in countries with a USCIS field office.

After you are married then your husband will file an I-130, and you'll apply and interview for a spousal visa. You'll receive a green card shortly after you arrive in the US. In the meantime, have your husband look into the income and domicile requirements for the affidavit of support (I-864).

[kzielu 1,149]

Just remember that once you get a green card, your freedom will be somewhat limited - you have to maintain US residency to not loose it again (and you will have to file Removal of Conditions again).

[CaityDrewM 0]

Thank you all so much! I should look into the spousal sponsorship right away! It's nice to be a few years ahead now we have a little one.

Thank you again!