Abandonment of Adjustment of Status

[abritabroad 0]

I have been on the last stage of my Visa Journey and have used this site a lot, it's been amazing. I have come to a hurdle I can't seem to find a straight answer for.

I entered the US on a fiance Visa last year and married in August. I've had biometrics done and WAS just waiting until the final interview. However my wife and I have now separated (already, I know ) - not by my choice unfortunately but it's what she feels is for the best.

Obviously I am devastated but also concerned that if we do not continue with the process and I leave to return to the UK I will 'never' or have extreme difficulty returning the USA even on vacation. I really came here for her and living here is not a priority of mine - BUT I don't want to be restricted in where I travel though in the future. I'm only 29, there's a lot of America I'd like to see!

If anyone can help me that would be great!

[Penguin_ie 5,996]

*** Moving from K1 to Effects of Major Changes forum ****

[VanessaTony 3,567]

In order to answer that qn I need to ask a couple:

1. When did you arrive?

2. When did you marry?

3. When did you file AOS?

Assuming you arrived, married in 90 days and then filed AOS before you had overstay then you'll be fine.

You haven't left yet so I would write USCIS and cancel your AOS process and then leave, rather than letting it abandon.

[abritabroad 0]

In order to answer that qn I need to ask a couple:

1. When did you arrive?

2. When did you marry?

3. When did you file AOS?

Assuming you arrived, married in 90 days and then filed AOS before you had overstay then you'll be fine.

You haven't left yet so I would write USCIS and cancel your AOS process and then leave, rather than letting it abandon.

Hey, thanks for the reply!

I arrived in May last year, married within the 90 days and filed soon after (start of September I think). I will write to the USCIS though and keep a copy of it on record.

I've considered applying for a tourist visa ahead of time when returning so I don't have to go through the stressful moment at the boarder using the ESTA scheme.

[VanessaTony 3,567]

Hey, thanks for the reply!

I arrived in May last year, married within the 90 days and filed soon after (start of September I think). I will write to the USCIS though and keep a copy of it on record.

I've considered applying for a tourist visa ahead of time when returning so I don't have to go through the stressful moment at the boarder using the ESTA scheme.

The reason I ask is if you have overstay you might NOT be permitted to use the VWP. While you won't have a ban, overstay usually stops you from being able to use the VWP. In any event all you can do is apply for ESTA once you're back in the UK and see whether you're permitted to enter. If you're not, you'll need a B2 visa.

Leaving, as opposed to trying to stay, actually works well in your favour. Shows that you have no interest in violating your visa and are an upstanding person.