F-1 Out of status - need advice

[Boiler 45,558]

VAWA?

[Starkilla09 366]

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.

If you entered your marriage in good faith and you were battered or abused by your spouse and you've got some evidence then you can try VAWA ( Violence against women act) though it also applies to men as well by self petitioning a special a special I-360 form for Amerasian, widow(er), or special immigrant. If approved you can gain work authorization and eventual permanent residency without your spouse's help. You'll need a host of documents and it's also one of those things you might wanna have to do with an immigration attorney.

[Hypnos 6,576]

Doesn't sound like a case under VAWA.

[Zombie69 363]

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.

Many people have given your advice. If you can't file a divorce, can't hire a lawyer, can't afford going to school. Your chances of getting a F1 visa renewed given the circumstances you're in are close to zero.

[David & Diana R 1,005]

Unfortunately, I cannot file for divorce. It's just not an option right now. And there is no way she will file my papers. We are pretty much estranged now. Reinstatement will just not work because I don't have enough money for tuition AND living expenses during that time. In fact, I am pretty much broke. My parents can help a little bit, but not enough to pay international student tuition for a semester plus living and room/board. So that's out.

You cannot file for divorce?? Sounds to me like the simple answer is you have to go home. No money...

[fifthnormal 0]

What if I were not to report my marriage to USCIS? How would they know I'm married? Maybe it's best to leave my marriage out of the discussion as most of you say that I will not get a new F-1. I've been told by the DSO at my school that travel and re-entry is my best bet and that I will very likely be let back in. The only hitch is going through secondary inspection at the port of entry.

Edited December 28, 2014 by fifthnormal

[Transborderwife 4,666]

What if I were not to report my marriage to USCIS? How would they know I'm married?

What if I were not to report my marriage to USCIS? How would they know I'm married?

Withholding information like that from USCIS is never a good idea. They can find out. And if they do you could be slapped with misrepresentation.

[Transborderwife 4,666]

I've been told by the DSO at my school that travel and re-entry is my best bet and that I will very likely be let back in. The only hitch is going through secondary inspection at the port of entry.

Good luck with that. How would you re enter if your f1 is out of status?

[fifthnormal 0]

I have a new I-20 from my school. I will be going to the US Consulate in my country and getting a new F-1 Visa. My DSO said that I will be sacrificing any accrued OPT time and it will be essentially the same as entering as a new F-1 student. I was warned that I would be subject to secondary inspection because I had a SEVIS record terminated in the past.

The DSO said that I'd likely be readmitted since I had no violation of status before this one, and I've only been out of status for a few months.

I'm trying to be realistic. If I put "married" on my forms, I don't think it's likely that they will ask if I'm married to a USC. If I put "single," I don't think that they have access to the entire marriage records for the country. Besides, I've only been married about six months.

I just want to resume my studies and get on with my life.

[Transborderwife 4,666]

I have a new I-20 from my school. I will be going to the US Consulate in my country and getting a new F-1 Visa. My DSO said that I will be sacrificing any accrued OPT time and it will be essentially the same as entering as a new F-1 student. I was warned that I would be subject to secondary inspection because I had a SEVIS record terminated in the past.

The DSO said that I'd likely be readmitted since I had no violation of status before this one, and I've only been out of status for a few months.

I'm trying to be realistic. If I put "married" on my forms, I don't think it's likely that they will ask if I'm married to a USC. If I put "single," I don't think that they have access to the entire marriage records for the country. Besides, I've only been married about six months.

I just want to resume my studies and get on with my life.

If you put single you're lying to USCIS. This is fraud any way you want to spin it. And yes, they could do a background check and find out that you really are married. In secondary they could ask you about a possible existence of relationship with a USC. If you lie, that is fraud and misrepresentation. It looks like you're only looking for answers that you want to hear.

6 months or 6 years. Married is married. Period

Edited December 28, 2014 by Transborderwife

[milimelo 4,486]

I have a new I-20 from my school. I will be going to the US Consulate in my country and getting a new F-1 Visa. My DSO said that I will be sacrificing any accrued OPT time and it will be essentially the same as entering as a new F-1 student. I was warned that I would be subject to secondary inspection because I had a SEVIS record terminated in the past.

The DSO said that I'd likely be readmitted since I had no violation of status before this one, and I've only been out of status for a few months.

I'm trying to be realistic. If I put "married" on my forms, I don't think it's likely that they will ask if I'm married to a USC. If I put "single," I don't think that they have access to the entire marriage records for the country. Besides, I've only been married about six months.

I just want to resume my studies and get on with my life.

Married is married, regardless if it's one day or 10 years. Besides married status, you have to list of USC or LPR relatives on the form. Guess what, USC spouse is on the list where you have to list them. Lying would be misrepresentation and you don't want that indicator on your file - carries a life time ban.

[Transborderwife 4,666]

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.

Interesting how your attitude seems to have changed...

[Boiler 45,558]

Often the case.

[fifthnormal 0]

I'm actually not sure if I need a new F-1 visa because my I-94 is stamped D/S. I might just need to present my current visa and get a new stamp once I present them my I-20. Maybe they won't ask at the consulate why my SEVIS record was terminated?

[Villanelle 4,122]

http://www.visajourney.com/forums/topic/525867-very-weird-vawa-situation/page-2

Seriously? 6 pages of this.

your other topic was locked due to logging in as both the the abused immigrant gay spouse here on the f-1 and the 'falsely' accused US citizen.

Suddenly now your ex is a woman. Whatever..

Please stop taking advantage of those who only wish to help others in a time of need.