Problems

[JJK 0]

Hey good people,

so I got a problem now. I got married three months ago to my girlfriend. I am from Germany, and I have been in the US on a student visa for the last three years. I finished school in January of this year. I was about to start filing for my AOS and now I find out my girl is with another guy. Now she wants to get divorced asap she tells me. Needless to say, that I am sort of confused and crushed. Not only is my personal life messed up now, but I am worried about my status in the US. My student visa is still valid until 2013( although my I-20 is expired) and I haven't had any contact with the USCIS yet. I was literally about to file the papers in the next 2 days. She is pushing for divorce now. I just want to know what will happen if I get divorced? How much time do I have to leave the country? I try to talk to her, but it's as if she's a different person all of a sudden. She won't talk to me, nor is she receptible for reason. Anyway, could someone please tell me, what can happen if I get divorced, because frankly, I am just tired now.

[RickJovi 81]

Hey good people,

so I got a problem now. I got married three months ago to my girlfriend. I am from Germany, and I have been in the US on a student visa for the last three years. I finished school in January of this year. I was about to start filing for my AOS and now I find out my girl is with another guy. Now she wants to get divorced asap she tells me. Needless to say, that I am sort of confused and crushed. Not only is my personal life messed up now, but I am worried about my status in the US. My student visa is still valid until 2013( although my I-20 is expired) and I haven't had any contact with the USCIS yet. I was literally about to file the papers in the next 2 days. She is pushing for divorce now. I just want to know what will happen if I get divorced? How much time do I have to leave the country? I try to talk to her, but it's as if she's a different person all of a sudden. She won't talk to me, nor is she receptible for reason. Anyway, could someone please tell me, what can happen if I get divorced, because frankly, I am just tired now.

Well if you stident VISA is god until 2013, then I guess you are safe to stay until the date on the VISA. Other than that you will probably have to leave the U.S. by its expiration date. You won't get your AOS because she has to do a support affidavit. If she doesn't do that, then you are pretty much out of luck. She holds the power right now. THe only thing you can do is eventually leave the country and not divorce her to try to make her life a little harder, but then she will probably try to file a divorce for when you leave for abandonment. If you would have already adjusted status and received your green card then you would be okay for the 2 year conditional period and then you could file a waiver and provide proof that you did enter the marriage in good faith to relieve conditions as soon as you were divorced. Sorry to hear about your unfortunate situation. Don't panic right now, you should be okay until your student VISA expires. Not sure about the I-20 expiration. If I am wrong I am sure more experienced VJ members will correct me or give you additional information.

[kcoyclay1 98]

This is sad. First of all she would have had to petition for you -I130- in order for you to adjust with the I485. If she hasn't, there's nothing you can do. And even if she has petitioned, she could withdraw the application. .

Edited April 19, 2012 by kcoyclay1

[grrrrreat 109]

Well if you stident VISA is god until 2013, then I guess you are safe to stay until the date on the VISA. Other than that you will probably have to leave the U.S. by its expiration date. You won't get your AOS because she has to do a support affidavit. If she doesn't do that, then you are pretty much out of luck. She holds the power right now. THe only thing you can do is eventually leave the country and not divorce her to try to make her life a little harder, but then she will probably try to file a divorce for when you leave for abandonment. If you would have already adjusted status and received your green card then you would be okay for the 2 year conditional period and then you could file a waiver and provide proof that you did enter the marriage in good faith to relieve conditions as soon as you were divorced. Sorry to hear about your unfortunate situation. Don't panic right now, you should be okay until your student VISA expires. Not sure about the I-20 expiration. If I am wrong I am sure more experienced VJ members will correct me or give you additional information.

No, if he isn't a student anymore, his current status has expired and he is out of status. In addition, the out of status automatically voids the student visa. In addition, he is accruing unlawful presence for the purpose of the 3yr/10yr ban.

[kzielu 1,149]

Hey good people,

so I got a problem now. I got married three months ago to my girlfriend. I am from Germany, and I have been in the US on a student visa for the last three years. I finished school in January of this year. I was about to start filing for my AOS and now I find out my girl is with another guy. Now she wants to get divorced asap she tells me. Needless to say, that I am sort of confused and crushed. Not only is my personal life messed up now, but I am worried about my status in the US. My student visa is still valid until 2013( although my I-20 is expired) and I haven't had any contact with the USCIS yet. I was literally about to file the papers in the next 2 days. She is pushing for divorce now. I just want to know what will happen if I get divorced? How much time do I have to leave the country? I try to talk to her, but it's as if she's a different person all of a sudden. She won't talk to me, nor is she receptible for reason. Anyway, could someone please tell me, what can happen if I get divorced, because frankly, I am just tired now.

You are not out of status and depending on when your I-20 expired you may already have enough of illegal presence to earn a ban. You do not have a way to adjust your status through your wife (as she has to petition you and provide affidavit of support). When you get divorced, nothing will happen because your status right now has nothing to do with you being married to US citizen.

[grrrrreat 109]

You are not out of status and depending on when your I-20 expired you may already have enough of illegal presence to earn a ban. You do not have a way to adjust your status through your wife (as she has to petition you and provide affidavit of support). When you get divorced, nothing will happen because your status right now has nothing to do with you being married to US citizen.

I think you mean You are now out of status, and I agree.

[VanessaTony 3,567]

1. I just want to know what will happen if I get divorced?

2. How much time do I have to leave the country?

3. Could someone please tell me, what can happen if I get divorced, because frankly, I am just tired now.

1. You will be divorced. It's that simple. your marriage doesn't do anything for your status unless you AOS which you didn't.

2. Your i-20 is expired. What does your I-94 say? D/S? You need to leave the country asap. Depending on what your I-94 says you may or may not be accruing out of status days for a ban

3. Well you're able to be deported of course. You're just an out-of-status alien like anyone else that overstayed their visa.

Long story short. Get divorced asap and leave the country. You don't need to be in the country to file for divorce, you can file from Germany, or start it here and finish it from there (you'll probably just sign something). It's like you just broke up with your gf except more paperwork.

[Penguin_ie 5,994]

**** Moving from AOS from Family to General Immkigration as OP came on a student visa but has not filed AOS ****

[kzielu 1,149]

I think you mean You are now out of status, and I agree.

Exactly what I meant. Sorry.

[Darnell 8,478]

check in with the foreign student office tomorrow, talk to the DSO, and ask to be admitted for the May mini-mester or the summer term (which ever is soonest) then file for divorce.

Sorry yer having problems.