Left country after my husband applied for divorce, while aos was still in process

[Katerina Hall 8]

Hi everyone,

 

I got a big issue. I came to US in January this year on ESTA, I met my recent husband, I got pregnant and we got married before my ESTA expired. We applied for AOS after like 93 days after my ESTA expired. Everything was really fast, but we had a nice relationship and it was real marriage.. After 3 months of pregnancy I miscarried and our relationship got worse after that experience. We had few arguments, but it wasn't anything bad, it was like everybody usually have some disagreements in relationship. But my husband he started to be different, I think he married me, because I got pregnant and he wanted to start a family and we were so excited to have a baby together and he cared about me a lot and I did about him as well. But since we found out that I miscarried, so he started to be different and didn't show me that much care like before. After a while he left and went to his ex and applied for divorce, I was shocked and tried to talk to him about everything, but he was decided to divorce me. I went to a lawyer, but she told me since he applied for a divorce I have no chance, how to stay in US. Because AOS was in process and I didnt get work permit or even interview wasn't scheduled yet. So I stayed in the house we lived together and then I decided I better leave the country, before USCIS will decide to deport me and because it was gonna be 6 months, that I would overstay the ESTA, so I wanted to leave before it was 6 months overstay, which means I should still be able to get visa in the future. I was served the divorce papers before I left, but I didnt sign them. Then I just left the country and now I don't know, what to do, because my husband doesn't talk to me and blocked me everywhere. I read he would have to withdraw the petition before it will be denied and I would have even more problem to visit US again.

 

I would like to ask, if I can just withdraw my form I-485? I heard, if the petition will be denied, so I will have a problem to get a visa in the future after all that my experience. And also how I will get the final divorce papers, if he doesn't talk to me at all and I'm not in the US anymore? Because in the future I will definitely need them. And want to ask, if I ever will be able to visit US again? I know I will have to apply for other visa than ESTA, but if there's a chance I will be able to go there  again? And also how long is the divorce gonna take, if I didnt sign the divorce papers and I'm not in US anymore?

 

I would appreciate any answer, because I have no idea, what to do now and don't have money for a lawyer right now. And I think I have to do something immediately, so I'm not gonna get into more trouble.

Is or was anybody in the same situation? Thank you

Edited October 7, 2018 by Katerina Hall

[britishandusa 446]

Once you’ve left the country, your AOS is automatically cancelled. You can divorce from your country. Since you’ve overstayed on your ESTA, you will never be able to have the chance for ESTA ever again. No can tell you of your chances of a visitor visa but chances are slim since you’ve already violated your ESTA rules once. 

 

If you’ve overstayed 180 days, you have a 3 year ban. You overstayed a year, you have a 10 year ban. If you didn’t have any of these amount, you don’t have a ban but you will still need to apply for a visitor visa from now on. 

[Unlockable 7,314]

Sorry to hear about your plight.

 

• To answer your questions, your AOS is deemed abandoned once you left the country. 
• It is possible for you to get a visitor visa in the future. However, you will have to show strong ties to your home country.
• Divorce, and how long it will take, is outside the scope of immigration. Technically, your husband can continue with the divorce without you being here in the country. And without you signing the papers. You signing the papers would have just made it easier.

Not much you can do as of now. You can attempt to apply for a tourist visa. But they will know you attempted to AOS before. This is why I say you must have substantial evidence of strong ties to your home country. Otherwise, the CO will think you are trying to do it again. That is, unless enough time has passed.

 

[Katerina Hall 8]

I would like to visit US in the future, so I just don't want any misunderstanding with USCIS.. I read once you leave the country, while pending AOS, so send them a letter to withdraw the I-485 anyway, just to make them sure I applied for withdrawing. So I don't know, if it matters.

[Katerina Hall 8]

2 minutes ago, NuestraUnion said:

Sorry to hear about your plight.

 

• To answer your questions, your AOS is deemed abandoned once you left the country. 
• It is possible for you to get a visitor visa in the future. However, you will have to show strong ties to your home country.
• Divorce, and how long it will take, is outside the scope of immigration. Technically, your husband can continue with the divorce without you being here in the country. And without you signing the papers. You signing the papers would have just made it easier.

Not much you can do as of now. You can attempt to apply for a tourist visa. But they will know you attempted to AOS before. This is why I say you must have substantial evidence of strong ties to your home country. Otherwise, the CO will think you are trying to do it again. That is, unless enough time has passed.

 

I know, he can divorce me even without me being there, I just would like to know, how I can find out the divorce is done.. since he doesn't talk to me at all. I just need some evidence, some documents, that I'm divorced, because maybe I will need it in the future, if I will want to marry again. So I would like to ask, where I will find such documents? Or if his lawyer will send it to my email or?

[Boiler 45,564]

Registered with the State but if you do not know what has happened maybe easier to do things at your end and then you know for certain.

[Unlockable 7,314]

1 hour ago, Katerina Hall said:

I know, he can divorce me even without me being there, I just would like to know, how I can find out the divorce is done.. since he doesn't talk to me at all. I just need some evidence, some documents, that I'm divorced, because maybe I will need it in the future, if I will want to marry again. So I would like to ask, where I will find such documents? Or if his lawyer will send it to my email or?

You can do a search in the county clerks office of the county he filed the divorce in. But you would have to know when and where he filed.

 

The easiest solution is to agree to the divorce and sign the papers. That way you would be in the loop. That is, if you are able to get in touch with him.

 

Unfortunately, you are at the disadvantage. You have to use your resources in order to find out the status of your relationship. He could take his sweet time to complete the divorce. 

 

Another option is for you to file for divorce yourself. 

[Katerina Hall 8]

10 minutes ago, NuestraUnion said:

You can do a search in the county clerks office of the county he filed the divorce in. But you would have to know when and where he filed.

 

The easiest solution is to agree to the divorce and sign the papers. That way you would be in the loop. That is, if you are able to get in touch with him.

 

Unfortunately, you are at the disadvantage. You have to use your resources in order to find out the status of your relationship. He could take his sweet time to complete the divorce. 

 

Another option is for you to file for divorce yourself. 

He applied for a divorce already, so I guess now it's up to him, if he is gonna take it to the end. 

Thank you so much for your answer!:)

Can I ask you about the immigration side.. as you said the AOS deemed abandoned, so it means I don't have to do anything about it? Even if my husband is not gonna withdraw the petition, so nothing is gonna happen, because it was cancelled automatically once I left the US? I heard, that even if you leave, they are still processing it and if we won't come to the interview, so it will be denied automatically and then I will have a problem with USCIS, if I will try to get visa anytime in the future?

[shatay 1]

4 hours ago, Katerina Hall said:

He applied for a divorce already, so I guess now it's up to him, if he is gonna take it to the end. 

Thank you so much for your answer!:)

Can I ask you about the immigration side.. as you said the AOS deemed abandoned, so it means I don't have to do anything about it? Even if my husband is not gonna withdraw the petition, so nothing is gonna happen, because it was cancelled automatically once I left the US? I heard, that even if you leave, they are still processing it and if we won't come to the interview, so it will be denied automatically and then I will have a problem with USCIS, if I will try to get visa anytime in the future?

Well, you decided to leave the country if you have stayed you could have better your chances by seeing a lawyer to help you out any  number to reach u

 

[Boiler 45,564]

8 minutes ago, shatay said:

Well, you decided to leave the country if you have stayed you could have better your chances by seeing a lawyer to help you out any  number to reach u

 

Can not imagine getting divorced will be that much of an issue.

[Katerina Hall 8]

35 minutes ago, shatay said:

Well, you decided to leave the country if you have stayed you could have better your chances by seeing a lawyer to help you out any  number to reach u

 

I've actually seen a lawyer and they told me I have a chance to get a permanent residency, if I give immigration enough proof, that it was a real marriage.. which it was and we had pictures together, I was pregnant and some more.. but I was scared it still wouldn't be enough for them and the divorce was an obstacle as well and I didn't want to get to deportation proceeding.. that's why I better left on my own

[SalishSea 17,848]

7 minutes ago, Katerina Hall said:

I've actually seen a lawyer and they told me I have a chance to get a permanent residency, if I give immigration enough proof, that it was a real marriage.. which it was and we had pictures together, I was pregnant and some more.. but I was scared it still wouldn't be enough for them and the divorce was an obstacle as well and I didn't want to get to deportation proceeding.. that's why I better left on my own

Are you currently still in the United States?  

[Katerina Hall 8]

23 minutes ago, Jorgedig said:

Are you currently still in the United States?  

Not anymore. I probably was supposed to send the letter to USCIS to withdraw I-485 and then leave.. I don’t know. Anyway I had to leave.. he said he wants me to move out of the house we lived together.. it was just on his name and I had nowhere else to move, so I thought it was best to go back home.. I thought I wasn’t able to rent anything on my own, when I didn’t have SSN and other documents, that shows I was there legally..

Edited October 7, 2018 by Katerina Hall

[Diane and Chris 651]

I’m sure you should be able to find out through his attorney what the status of the divorce is. Why not email or call the attorney?  

 

You were definitely given the wrong information if an attorney told you that you had a chance to get permanent residency. At least not on this AOS. 

[NikLR 13,227]

You should hire a US attorney to cover your side of the divorce.  You wont be visiting anytime soon unfortunately.

 

I'm sorry you had to go through all of this.  It wasn't fair to you on top of having a miscarriage to have your marriage end as well.  Best wishes to you in the future.  I hope one day you find a more understanding and loving spouse.