F-1 Out of status - need advice

[Hypnos 6,576]

Ultimately, you cannot force your wife to file the I-130 and I-864 you would need from her. Staying with her solely for immigration benefits is also the dictionary definition of immigration fraud.

You may have to just accept that your future lies elsewhere.

[fifthnormal 0]

I think she won't get a divorce right now because she wants to see me punished for leaving her. She wants to wait until I'm gone to divorce so it is too late for me. I will admit that I badly want to stay here, but I won't lie to do it.

[Merrytooth 5,748]

You can file for divorce on your own too.

[fifthnormal 0]

I cannot. I do not have residency in any state to be able to file. Most states are six months minimum.

[Boiler 45,535]

Divorce when you go home.

[Zombie69 363]

I cannot. I do not have residency in any state to be able to file. Most states are six months minimum.

You can file a divorce when you are going home...

[Zombie69 363]

I think she won't get a divorce right now because she wants to see me punished for leaving her. She wants to wait until I'm gone to divorce so it is too late for me. I will admit that I badly want to stay here, but I won't lie to do it.

I thought she was leaving you, I am confused, you are leaving her? It is not my business, but you put yourself at many risks, it seems messy.

[dsohere 0]

I would like to suggest that people do not try to get too personal. LIfe is complicated, as is love, marriage and of course immigration rules are very complex.

It is not appropriate to be judging anothers circumstances or personal decisions. It's not anyone's business. People are asking for others to share experience and advice on immigration matters, that is all. You don't know their whole circumstance so don't make assumptions based on brief info provided, it's not productive and unkind - and who needs more judgement and unkindness in this world?

It is within the realm of possibility for fifthnormal to get a new F-1 visa and continue his studies and I wish him much good luck.

[Zombie69 363]

I would like to suggest that people do not try to get too personal. LIfe is complicated, as is love, marriage and of course immigration rules are very complex.

It is not appropriate to be judging anothers circumstances or personal decisions. It's not anyone's business. People are asking for others to share experience and advice on immigration matters, that is all. You don't know their whole circumstance so don't make assumptions based on brief info provided, it's not productive and unkind - and who needs more judgement and unkindness in this world?

It is within the realm of possibility for fifthnormal to get a new F-1 visa and continue his studies and I wish him much good luck.

You are right, but just trying to be helpful though after all fifthnormal is here to get advice.In order to give advice, I think it is still important to know the whole story as much as one can. It seems like his wife is causing him lots of problems, that is why people ask him so we can get a clue about what's going on so we can give advice. It is not unkind of anything.

Edited December 6, 2014 by Zombie69

[Ryan H 3,812]

***One post that was non responsive and unnecessarily accusatory in nature has been removed. Either answe the OP's question in a manner that is consistent with the TOS or do not post. Any additional posts that violate the TOS will result in a thread ban plus additional Administrative Action as warranted.***

[fifthnormal 0]

What is "in the realm of possibility?" Everyone here has said that going back to my country is a very bad idea because I will not get s new F-1.

[dsohere 0]

You are not barred from getting a new F-1 visa (you didn't say if you have a valid F-1 in your passport-if so, you have another option) . A Consular officer can decide to give you a visa. It seems hard because a marriage and then dropping out of school can be considered to indicate intent to immigrate. But no one can 100% predict if you will get a visa and you are not ineligible for one.

It's possible that you can explain your situation- and your intent to complete your studies and ties to home country and they could very well decide to give you a visa. It's not clear if you filed any paperwork with USCIS about the marriage.

The seeming impossible does happen- anything can happen at a visa interview- and I have witnessed circumstances where people got visas in situations where most people get denied. But each situation is invididual. So don't despair. You had a difficult situation- but it's only human- some marriages fail.

It would be optimum to have a consult with a good immigration attorney to prepare for your interview, but likely your school immigration office gave good advice.

[Starkilla09 366]

99% of the people here have told you the hard truth and you're either gonna have to accept it or risk it all the choice is yours. That ''realm of possibility" of you getting a new F-1 visa is almost zero. 3 scenarios would've given you a "realm of possibility" but you still DONT fall in any of the categories. 1. School's mistake causing a status violation, 2. A serious medical condition through no fault of your own that prevented you from taking classes. 3. Natural disaster of mother nature rendering classes impossible. Yes, those are the 3 "realms of possibilities", don't forget I keep putting those signs above to let you know it's still gonna be considered with a grain of salt in it when used for reinstatement purposes or consular processing. You keep dancing around this issue looking for a answer that doesn't exist. End of the day you're faced with 3 hard choices depending if you wanna stay here or not: Option 1 - Use everything in your might to fix your marriage with your wife so she can file for you. Option 2 - If your wife is already a dead horse risk it divorce her stay out of status and find LOVE again. Yes option 2 might be bizarre but it can happen you can find love again, you won't be the first to do it and it will be painful. Option 3 - Risk it even all go overseas and pray some divine providence helps you get another F-1 visa. Now choose.

[Boiler 45,535]

What is "in the realm of possibility?" Everyone here has said that going back to my country is a very bad idea because I will not get s new F-1.

I wonder how many people on here can sensibly comment on the likelyhoodvof another F1.

Can not see that it is a given either way.

I would imagine if you consulted with a lawyer they would want a lot more info than you have posted here before commenting.

At the end of the day you seemingly have no other option than to try however strong or weak your case is.

[fifthnormal 0]

My wife treated me very cruelly during our marriage. She threatened not to file paperwork for me on numerical occasions. We had one big fight and that's when she threw me out.