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

[geowrian 22,337]

Yup...AOS will be deemed abandoned and denied automatically. You can request to withdraw it as well....although it will have little to no impact.

ESTA privileges are permanently gone due to overstaying.

You can apply for a tourist visa, although do not expect one to be granted anytime soon. They require non-immigrant intent to obtain, and you very recently tried to immigrate.

 

2 hours 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..

It is technically possible (although very difficult), but you would still need the original petitioner (ex husband) to keep the I-864 they submitted intact. Typically one would withdraw their I-864 as they do not want to be on the hook for years to potentially forever.

Edited October 7, 2018 by geowrian

[Boiler 45,564]

Plus the OP left.

[Katerina Hall 8]

Thank you guys so much for the answers, I  appreciate your help. I know I’m not gonna be able to visit anytime soon, I just would like to come anytime in the future, even if it will be in 5 or 10 years.. which I should be able to get visa after that long time hopefully.. anyway I guess I can’t do anything about my case right now.. just maybe contact his lawyer and ask about the status of divorce.

[TM92 527]

17 hours ago, Katerina Hall said:

We applied for AOS after like 93 days after my ESTA expired.

You don't have an overstay bar. Your overstay was about 93 days, thus less than 180 days. AOS applicants don't have legal immigration status but "authorized stay" allowed by the US Attorney General. Your "authorized stay" began on the I-485 NOA1 receipt date and ended when you abandoned (left the US without AP) your AOS.

Edited October 8, 2018 by TM92

[Katerina Hall 8]

11 minutes ago, TM92 said:

You don't have an overstay bar. Your overstay was about 93 days, thus less than 180 days. AOS applicants don't have legal immigration status but "authorized stay" allowed by the US Attorney General. Your "authorized stay" began on the I-485 NOA1 receipt date and ended when you abandoned (left the US without AP) your AOS.

Oh ok, that’s new to me. So I shouldn’t have the 3 years bar, even though it’s gonna be really hard to get a tourist visa. Thank you

[fs2439 46]

2 hours ago, Katerina Hall said:

Oh ok, that’s new to me. So I shouldn’t have the 3 years bar, even though it’s gonna be really hard to get a tourist visa. Thank you

Also, to know if your case was withdrawn or cancelled, you can probably check your status online or call uscis to be sure 

[andrea_smb 5]

21 hours 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?

Go to the county public records website and search by your last names, first names or all. You won't be able to see the actual document but you should be able to see if something was recorded (court document, final judgment, dissolution of marriage). Once you get the book number and page you can request a copy or certified copy of it, some of them you can do it all online. The counties might have different requirements to request that document. 

[geowrian 22,337]

6 hours ago, TM92 said:

You don't have an overstay bar. Your overstay was about 93 days, thus less than 180 days. AOS applicants don't have legal immigration status but "authorized stay" allowed by the US Attorney General. Your "authorized stay" began on the I-485 NOA1 receipt date and ended when you abandoned (left the US without AP) your AOS.

That's true for how USCIS treats the overstay...but I'm not certain if DOS does the same (re: time from filing to exit). Since she will need a visa to visit, she'll be dealing with DOS.

If she left with AP being issued then there's no issue.

Edited October 8, 2018 by geowrian

[Katerina Hall 8]

5 hours ago, fs2439 said:

Also, to know if your case was withdrawn or cancelled, you can probably check your status online or call uscis to be sure 

I did look at the account at USCIS and there's no change.. it still says they accepted my fingerprints and at I-130  at next steps it says : If we accept your case, you will receive a receipt notice.  If we reject your case, we will send you an explanation with instructions.

I don't live at the address, that I put at the paperwork I filed.. so I don't know, how it works.. if they know I left or what's going on..

[Boiler 45,564]

They would need to be told, and then update the system.

[Katerina Hall 8]

1 hour ago, geowrian said:

That's true for how USCIS treats the overstay...but I'm not certain if DOS does the same (re: time from filing to exit). Since she will need a visa to visit, she'll be dealing with DOS.

If she left with AP being issued then there's no issue.

I didn't get an advance parole, so unfortunately it will be difficult to get visa I guess. So DOS doesn't care, that I filed for adjustment of status? Even if I show them I got married and filed for AOS and everything, so that's why I overstayed the visa? 

[Katerina Hall 8]

1 minute ago, Boiler said:

They would need to be told, and then update the system.

That's why I'm asking, if I should withdraw my form I-485 or if the whole petition should be withdrawn? Because I think USCIS doesn't know, that I left.. I mean they should know it, because it should be in the system, but I don't know, if somebody has to tell them..

[Orangesapples 1,954]

22 minutes ago, Katerina Hall said:

That's why I'm asking, if I should withdraw my form I-485 or if the whole petition should be withdrawn? Because I think USCIS doesn't know, that I left.. I mean they should know it, because it should be in the system, but I don't know, if somebody has to tell them..

Check your i-94, you will see if they have a record of your exit. 

[Katerina Hall 8]

31 minutes ago, Orangesapples said:

Check your i-94, you will see if they have a record of your exit. 

Yes, they do. So I guess USCIS know it. I got an email about change on my I-94, but not any notice from USCIS about change of status or about canceling the AOS.

[TM92 527]

6 hours ago, geowrian said:

That's true for how USCIS treats the overstay...but I'm not certain if DOS does the same (re: time from filing to exit). Since she will need a visa to visit, she'll be dealing with DOS.

If she left with AP being issued then there's no issue.

Looks like the same for USCIS and DOS per INA 212(a)(9)(B)(ii):

Quote

Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

Edited October 8, 2018 by TM92