K1 Visa - AOS

[Inthewoods 0]

I don't know where to start or if I am in the right place. I am a complete mess and number.

I moved from the UK on a K1 and married my wife on the 9th December 2015, within the 90 days.
Everything was going well and then boom - its over.

I tried and tried to save my marriage but I can't.

We had filed for AOS and the biometrics appointment was supposed to be today. My wife went and cancelled the appointment and asked if they could cancel the EAD - the person there said it needs to be reported as fraud, but it wasn't a fraud marriage so my wife wont do that.

I just want to know if there are any options available or just some form of advice if possible. I have nothing back in the UK and nothing here in the U.S...

[Georgia16 2,858]

I'm sorry your marriage isn't working out. That being said there is no legal path for you to stay in the us. Sorry

[Inthewoods 0]

I appreciate your quick reply.

I didn't think there was and I wasn't even sure if I wanted to stay or not.

I forgot to ask if there is anything that I need to do? Such as let anyone know or anything like that. I'm not even sure if this will affect future visits to the U.S with family or friends.

Obviously I don't want to break any laws or not be able to re-enter.

[Georgia16 2,858]

I feel for you it's must be very hard to be in your shoes. Sure you guys can't work it out with time? I mean it is a hard process ans just starting your life together? No matter what I hope you get pass this in a good way.

It won't effect your future visits to the states since there is no fraud.

[Inthewoods 0]

I am so grateful for your input. You have no idea.
Unfortunately there is no saving it.. She has paperwork to file for divorce or annulment I believe.

So I just leave and that will be that? I will be OK to come back (not that I want to, the place holds too many memories) whenever I choose on an ESTA?

[Georgia16 2,858]

I am so grateful for your input. You have no idea.

Unfortunately there is no saving it.. She has paperwork to file for divorce or annulment I believe.

So I just leave and that will be that? I will be OK to come back (not that I want to, the place holds too many memories) whenever I choose on an ESTA?

I'm sorry it's all over.

Yes, I believe you can just leave and then deal with the divorce from UK. And be able to use the esta in the future. If I'm wrong here another user will correct me but I really can't see why you shouldn't be able too, you haven't done anything wrong.

[Merrytooth 5,748]

Since you do not AOS, the overstay duration from the I-94 expiration date to the date you leave the US is not forgiven.

So you probably need to apply for B2 tourist visa.

There is a discussion here.

http://www.visajourney.com/forums/topic/587543-esta-after-abandoned-aos/

Edited March 14, 2016 by Merrytooth

[Pitaya 2,577]

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

[Inthewoods 0]

@Merrytooth

The I94 expiration date is the 02/08/2016

So does that mean it wont be classed as an overstay? We split and she left the house 3 days ago. I am getting funds for a ticket home and will be leaving within the next 2 days or so.

I just don't want any altercations further down the line.

[Transborderwife 4,666]

@Merrytooth

The I94 expiration date is the 02/08/2016

So does that mean it wont be classed as an overstay? We split and she left the house 3 days ago. I am getting funds for a ticket home and will be leaving within the next 2 days or so.

I just don't want any altercations further down the line.

That date is February 8/16. You've overstayed

[Inthewoods 0]

Oh shoot..

I didn't even realise because we filed for AOS and all of that.

Obviously I didn't think this would happen but I can't change that. Looks like i'll have a ban.

Thank you Transborderwife

[Caryh 5,206]

If you filed your AOS within the first 90 days, there are no over stay days. The date of your NOA1 was the date you began an new authorized stay. You should write a letter, include a copy of your NOA1, which states you're withdrawing your AOS application. With the withdrawal, you will again no longer be in an authorized stay period, so send that later from the UK when you get there.

BTW your wife cannot cancel your biometrics or your AOS application. The only thing she can withdraw is the I-864, which would kill your AOS when it came time to adjudicate it.

[Transborderwife 4,666]

Oh shoot..

I didn't even realise because we filed for AOS and all of that.

Obviously I didn't think this would happen but I can't change that. Looks like i'll have a ban.

Thank you Transborderwife

No ban, but you cannot use esta vwp

If you filed your AOS within the first 90 days, there are no over stay days. The date of your NOA1 was the date you began an new authorized stay. You should write a letter, include a copy of your NOA1, which states you're withdrawing your AOS application. With the withdrawal, you will again no longer be in an authorized stay period, so send that later from the UK when you get there.

BTW your wife cannot cancel your biometrics or your AOS application. The only thing she can withdraw is the I-864, which would kill your AOS when it came time to adjudicate it.

I believe that the aos must be approved for no overstay. People have received bans for overstay after a denied aos.

[Inthewoods 0]

Thank you all so much for our time in assisting me. You have no idea how grateful I am.

I just found this

Exceptions Whose Overstay Won’t Be Held Against Them

You won't accrue unlawful presence for purposes of the three- and ten-year time bars described above if and when you:

• were under the age of 18
• had a bona fide pending asylum application on file with USCIS
• were a beneficiary of the family unity program (for close relatives of people who received green cards as farmworkers or under the amnesty program of the 1980s)
• had a pending application for either adjustment of status (a green card), an extension of status, or a change of status
• were a battered spouse or child who entered on a nonimmigrant visa and can show a connection between the abuse and the overstay
• were a victim of trafficking who can show that the trafficking was at least one central reason for the unlawful presence, or
• had received protection via Temporary Protected Status (TPS), Deferred Enforced Departure (DED), Deferred Action, or Withholding of Removal under the Convention Against Torture.

[Caryh 5,206]

I believe that the aos must be approved for no overstay. People have received bans for overstay after a denied aos.

Any accumulation of over stay days is suspended the day a NOA1 for an AOS is issued. I'm positive on that issue. Had he accumulated an overstay before filing, then you're correct, there is no forgiveness for those days without the AOS being approved. But the days after a NOA1 is issued are not counted in the overstay.