Abandoning AOS from K1 -- Smoothest way?

[federicorinaldo 3]

Hi everyone,

 

I'm sorry if I'm asking something someone else has already asked before -- I couldn't find any recent posts than answered my questions specifically.

 

I came into the US on a K1 visa on June 16, 2018. Got married and filed for AOS just three weeks ago.

My life has been an ordeal since. My spouse is not at all the person I thought, his family is also against me of course, and I just feel that things are spiraling downwards very fast for me now. My spouse is not even willing to try to work out our issues and has mentioned parting ways multiple times as his first resort after changing his mind five times over the last two weeks. I feel vulnerable, bamboozled and played with and I'm utterly disgusted and heartbroken. As sad as it might sound, there's not much that can be fixed (sorry for venting!)

 

I want to divorce my husband, abandon my AOS and leave the US as soon and as smoothly as possible, and I'd like to really do it by the book so as to have the least issues possible.

A couple questions I have are

a. my K1 visa says I'm only allowed to stay in the US till September 13. I hope I can figure it out and leave the US by then, but if I should need more time before I can fly out, would that still be considered me overstaying and accruing overstay days that would hinder me from getting an ESTA if I ever want to visit the USA again as a tourist?

b. I understand I need to contact USCIS and let them know I'm abandoning my petition. Is there a specific address I should send a letter to / any templates I should follow?

c. Would the fact that I've abandoned a K1 based AOS bar me from visiting the US or getting a US visa of different nature in the future?

 

Thank you in advance!

Edited August 30, 2018 by federicorinaldo

[Ontarkie 14,234]

~~Moved to Effects Of Major Family Changes, from AOS Family - As similar threads are discussed here.~~

[mushroomspore 3,044]

1 hour ago, federicorinaldo said:

Hi everyone,

 

I'm sorry if I'm asking something someone else has already asked before -- I couldn't find any recent posts than answered my questions specifically.

 

I came into the US on a K1 visa on June 16, 2018. Got married and filed for AOS just three weeks ago.

My life has been an ordeal since. My spouse is not at all the person I thought, his family is also against me of course, and I just feel that things are spiraling downwards very fast for me now. My spouse is not even willing to try to work out our issues and has mentioned parting ways multiple times as his first resort after changing his mind five times over the last two weeks. I feel vulnerable, bamboozled and played with and I'm utterly disgusted and heartbroken. As sad as it might sound, there's not much that can be fixed (sorry for venting!)

 

I want to divorce my husband, abandon my AOS and leave the US as soon and as smoothly as possible, and I'd like to really do it by the book so as to have the least issues possible.

A couple questions I have are

a. my K1 visa says I'm only allowed to stay in the US till September 13. I hope I can figure it out and leave the US by then, but if I should need more time before I can fly out, would that still be considered me overstaying and accruing overstay days that would hinder me from getting an ESTA if I ever want to visit the USA again as a tourist?

b. I understand I need to contact USCIS and let them know I'm abandoning my petition. Is there a specific address I should send a letter to / any templates I should follow?

c. Would the fact that I've abandoned a K1 based AOS bar me from visiting the US or getting a US visa of different nature in the future?

 

Thank you in advance!

Sorry this happened to you. Going home is the wisest thing to do, in my opinion. It'll put some distance between you and all of this. To answer your questions:

 

1. No, technically you're in authorized stay since you filed AoS.

2. Your K1 petition is actually done. The petition was the first part of your K1 journey. Your K1 was also cancelled when you used it to enter. It is a one-time visa. Had your relationship ended before the embassy interview, then yes, your K1 petition would have to be withdrawn. You can just leave and your AoS is considered abandoned since you don't have AP.

3. No, but the more time you spend out of the US before coming back, the better. Coming back too soon will make CBP suspicious of your intentions.

 

Good luck and I hope you heal from all this.

 

((Sorry I misread your post and thought you said you did NOT file AoS.))

Edited August 30, 2018 by mushroomspore
Read the OP incorrectly

[Crazy Cat 41,909]

1 hour ago, federicorinaldo said:

Hi everyone,

 

I'm sorry if I'm asking something someone else has already asked before -- I couldn't find any recent posts than answered my questions specifically.

 

I came into the US on a K1 visa on June 16, 2018. Got married and filed for AOS just three weeks ago.

My life has been an ordeal since. My spouse is not at all the person I thought, his family is also against me of course, and I just feel that things are spiraling downwards very fast for me now. My spouse is not even willing to try to work out our issues and has mentioned parting ways multiple times as his first resort after changing his mind five times over the last two weeks. I feel vulnerable, bamboozled and played with and I'm utterly disgusted and heartbroken. As sad as it might sound, there's not much that can be fixed (sorry for venting!)

 

I want to divorce my husband, abandon my AOS and leave the US as soon and as smoothly as possible, and I'd like to really do it by the book so as to have the least issues possible.

A couple questions I have are

a. my K1 visa says I'm only allowed to stay in the US till September 13. I hope I can figure it out and leave the US by then, but if I should need more time before I can fly out, would that still be considered me overstaying and accruing overstay days that would hinder me from getting an ESTA if I ever want to visit the USA again as a tourist?

b. I understand I need to contact USCIS and let them know I'm abandoning my petition. Is there a specific address I should send a letter to / any templates I should follow?

c. Would the fact that I've abandoned a K1 based AOS bar me from visiting the US or getting a US visa of different nature in the future?

 

Thank you in advance!

a.  Disregard the K-1 visa.  It was voided when you entered the US.  Since you married and filed for Adjustment of status, you are in "authorized stay" status while the AOS is pending....unless you leave the country prior to obtaining Advance Parole....in which case, you will have abandoned your AOS.

b.  When you leave the US before obtaining AP, you will automatically abandon your status. But you could send a letter to the same place you filed for AOS.

c.  Maybe...maybe not.  It would depend on the type of visa and the evidence of ties to your country.

 

Good Luck.

 

1 minute ago, mushroomspore said:

 

Edited August 30, 2018 by missileman

[Boiler 45,572]

The only thing you have to do is leave within the 90 days validity of your K1 entry, basically it is akin to a VWP visit.

 

Unlikely to have much other effect.

[federicorinaldo 3]

Thank you to everyone who replied! It's really nice to get help and the things I've read sound pretty reassuring, too.

I'm in a situation that's heavy enough to handle on a personal level, but I understand that making the bureaucratic process behind this one of my priorities is very necessary. I'm definitely going to do my best to leave the US by the expiration date of my I-94 and will notify USCIS with a written notice (even though leaving the US would result in the abandonment of my AOS anyway). I hope getting my AOS petition out of the way timely will make someone else's AOS a tad quicker at least.

 

I believe it's pretty obvious that I'm not trying to just get immigration benefits (I'm abandoning the process that would get me a green card, so I'm deliberately renouncing any immigration benefits in the first place!) and if this ever comes up again with an immigration officer, I hope they won't get unnecessarily suspicious over it.

[Mollie09 1,543]

On your last point, some people go through petitions, abandon them, then change their minds and try to come back and immigrate.

I'm sorry this happened to you, and I hope you figure it out the most painless way possible.

 

[Paul & Mallory 1,398]

Mostly chiming in to share a heartfelt apology for this having happened to you. It looks like you've already been given some pretty solid advice on your questions, and I would only be repeating what's already been said.

 

This is an awful thing, and one I will never understand. I get that things happen, life happens, people change... but it is beyond me how someone could treat another person this way. Even if, God forbid, my husband and I fell on similar times... I cannot imagine treating him like that, just refusing to try and work it out. After everything he's done and given up to come here, to a new country away from his home and family... the least I could do in that situation is still act with his best interest in mind, at least until he's returned home. It's also crazy to me how  you can go through such a strenuous and stressful process such as immigration, get through everything you have to wind up here and married... only for that to be the time for one's true colors to show.

 

I hope you are able to get this ordeal behind you quickly, and without any consequence, so you can start over and move on with your life. Good luck to you!