Falling out of E2 Dependent Status

[GloriaHalo 0]

Hi Experts!

I have been browsing through this forum for hours now and it seems like many of you all have great knowledge and can offer guidance. 

My situation is maybe not super unusual, but needless to say I am very confused and not sure what to do now. 

 

I have been living in USA since aug 2011, my visa status is dependent to a E2 (soon to be ex husband). 

We have been separated for many years and are going through the divorce in our home country, it takes a long time since we have a son together and do not agree on many things in terms of custody. 

He just got his GC through an overseas interview, he did not  include me in the application process. 

My understanding is that now I am losing my status since he has got his GC and I am a dependent of his E2 Visa. I did not allow him to bring my son to the GC interview even he was included in the GC application, so I am guessing my son is now in the same situation as I am?

 

He has a new family here, also a son with a woman, I also have a new family here and a son with my boyfriend who is a USC. 

 

The lawyers I have talked are telling me to file a i539 to adjust to a B2 for 6 months, my feeling is that this application will be denied, what are your thoughts. 

 

So here are my questions and concerns

 

1. Am I now illegal by definition,? I have stopped working and filed the i539.

2. If I leave the country, which I have to to finalize the divorce in front of a judge in my home country, will the i539 be cancelled or refused and will I then have a problem entering the US under the VISA Waiver ESTA. 

3. Should I withdraw the i539 to make sure to not have a denied request on my file?

4. My i94 Expiration is May 2021, does this mean I could stay here until then or is this expiration date tied to the E2 dependent status. 

 

Happy New Year

 

[USS_Voyager 1,972]

8 minutes ago, GloriaHalo said:

My situation is maybe not super unusual, but needless to say I am very confused and not sure what to do now. 

Hold on a second here. Is this you: 

 

 

[GloriaHalo 0]

1 minute ago, USS_Voyager said:

Hold on a second here. Is this you: 

 

 

yes, that was my boyfriend asking that questions. I wanted to explore this more in detail myself. Any assistance is appreciated. 

[Georgia16 2,858]

Great that you are on! Rarely do we have both parties here.

 

If you leave you can't come back on ESTA and marry and adjust status that would be immigration fraud. If you both live in the US why can't the divorce be finalised here?

[GloriaHalo 0]

3 minutes ago, Georgia16 said:

Great that you are on! Rarely do we have both parties here.

 

If you leave you can't come back on ESTA and marry and adjust status that would be immigration fraud. If you both live in the US why can't the divorce be finalised here?

Since it is already filed for in our home country it is not possible to do it here, and even if we did it here I would still be in this situation of falling out of status.

[USS_Voyager 1,972]

16 minutes ago, GloriaHalo said:

1. Am I now illegal by definition,? I have stopped working and filed the i539

If you have filed the I-539, you are not illegal. You are in authorized stay while the I-539 is pending. 

 

17 minutes ago, GloriaHalo said:

2. If I leave the country, which I have to to finalize the divorce in front of a judge in my home country, will the i539 be cancelled or refused

Yes, if you leave the US while the I-539 is pending, the I-539 will be considered abandoned and be denied. 

 

18 minutes ago, GloriaHalo said:

will I then have a problem entering the US under the VISA Waiver ESTA. 

I am not 100% sure how that will affect the ESTA. 

 

19 minutes ago, GloriaHalo said:

Should I withdraw the i539 to make sure to not have a denied request on my file?

I don't think the an I-539 denial will have any impact. However, your overall situation may have an impact on the ESTA. You were on E2, now divorced, have a boyfriend and sounds like now you intend to live in the US permanently. 

 

21 minutes ago, GloriaHalo said:

4. My i94 Expiration is May 2021, does this mean I could stay here until then or is this expiration date tied to the E2 dependent status. 

I think dependent status is tied to the primary applicant's status. 

 

Overall, I think the best course of action is: go home, finalize your divorce, then your boyfriend can either file a K1 and if you decide to get married CR1. It is much cleaner.

[Georgia16 2,858]

3 minutes ago, GloriaHalo said:

Since it is already filed for in our home country it is not possible to do it here, and even if we did it here I would still be in this situation of falling out of status.

Then withdraw the i539 go home and get divorced and all that then you can apply for a spouse visa with your boyfriend after you get married. Will take 12+ months to get.

[GloriaHalo 0]

6 minutes ago, USS_Voyager said:

28 minutes ago, GloriaHalo said:

Should I withdraw the i539 to make sure to not have a denied request on my file?

I don't think the an I-539 denial will have any impact. However, your overall situation may have an impact on the ESTA. You were on E2, now divorced, have a boyfriend and sounds like now you intend to live in the US permanently. 

Thank you! No, my intention is not to live in the US permanently. My intentions are to move back to Europe together with my BF, and I do not want to risk having issues coming here as a tourist since my ex husband will stay here permanently and should he win custody I need to be able to come and visit my son. The only issue is the situation is rather stressed since I just got notice of my ex GC approval a week ago. He is doing all he can to make life difficult for me.

Edited December 31, 2019 by GloriaHalo

[USS_Voyager 1,972]

5 minutes ago, GloriaHalo said:

Thank you! No, my intention is not to live in the US permanently. My intentions are to move back to Europe together with my BF, and I do not want to risk having issues coming here as a tourist since my ex husband will stay here permanently and should he win custody I need to be able to come and visit my son. The only issue is the situation is rather stressed since I just got notice of my ex GC approval a week ago. He is doing all he can to make life difficult for me.

Oh, then that is even better. Then all you need to do is to send a notice to USCIS to withdraw the I-539. Then you move back to Europe and that will be that. You should be fine in the future. 

[Georgia16 2,858]

6 minutes ago, GloriaHalo said:

Thank you! No, my intention is not to live in the US permanently. My intentions are to move back to Europe together with my BF, and I do not want to risk having issues coming here as a tourist since my ex husband will stay here permanently and should he win custody I need to be able to come and visit my son. The only issue is the situation is rather stressed since I just got notice of my ex GC approval a week ago. He is doing all he can to make life difficult for me.

Have he giving you permission to take the child with you back to your home country for travel? 

[GloriaHalo 0]

Just now, Georgia16 said:

Have he giving you permission to take the child with you back to your home country for travel? 

No, and he holds the passport for him as well. So yes, this situation is very concerning. I am at risk having to "flee" the country without my son and that is what I am trying to avoid by submitting a change of status to tourist until things are cleared in our home country. There is a big chance I will win custody, but nothing is certain. Should I loose that, and have issues coming back here to visit would be devastating. A suggestion to all you women out there travelling to the US as a dependent. Have things in writing with your spouse about the future!! 

[Georgia16 2,858]

1 minute ago, GloriaHalo said:

No, and he holds the passport for him as well. So yes, this situation is very concerning. I am at risk having to "flee" the country without my son and that is what I am trying to avoid by submitting a change of status to tourist until things are cleared in our home country. There is a big chance I will win custody, but nothing is certain. Should I loose that, and have issues coming back here to visit would be devastating. A suggestion to all you women out there travelling to the US as a dependent. Have things in writing with your spouse about the future!! 

So court in your homecountry will decide where the child will be? (who gets custody) 

[Boiler 45,558]

So you applied for the change of status before your husband got his GC?

 

What was the basis of needing a B.

 

How long did id you apply for?

 

What is the child's status, was the child born in the US, or also was an E2,  seems no CoS for the child.

 

How can you be sure the child di not get a GC?

 

Not sure why this a woman specific issue, could apply either way.

[Mollie09 1,543]

I was on the fence about getting US citizenship until I had a child in the US. Good luck to you.

The COS application will not be held against you if you decide to apply for an immigrant petition. Non-immigrant petitions might be tricky after a long stay and potential illegal presence if the sponsor's visa has been terminated, so I would be wary of that.

[GloriaHalo 0]

43 minutes ago, Georgia16 said:

So court in your homecountry will decide where the child will be? (who gets custody) 

Yes. Or who has the right to decide where the child will live