Falling out of E2 Dependent Status

[Georgia16 2,858]

2 minutes ago, GloriaHalo said:

Yes, that would be a lot easier of course. But the issue remains. I will still have to leave the country to get the divorce finalized in front of a judge and by doing so

1. i539 is deemed abandoned

2. no legal status in the US

 

No but you could go home and then have your fiancé apply for your visa. 

2 minutes ago, GloriaHalo said:

under 14. We are talking about the german legal system

Was talking for GC approval for the child. 

[GloriaHalo 0]

1 minute ago, Georgia16 said:

No but you could go home and then have your fiancé apply for your visa. 

Was talking for GC approval for the child. 

That is an option. We also have a son together, and he would want to come with me back to Europe to be closer to his family. 

America has treated us well, but it is time for a change. 

 

Seems like my option, to minimize the chances of being denied entry in the future is to postpone the hearing in Germany a couple of months to buy time. I do not expect to have an answer for the COS application any time soon, it says on the USCIS website it takes 4-9 months for applications to be processed.

 

The only one who can tell me if my son also was approved for a GC is his father, and he wont tell me anything .

[Boiler 46,022]

Divorcing in the US sounds much much simpler.

[Georgia16 2,858]

29 minutes ago, GloriaHalo said:

That is an option. We also have a son together, and he would want to come with me back to Europe to be closer to his family. 

America has treated us well, but it is time for a change. 

 

Seems like my option, to minimize the chances of being denied entry in the future is to postpone the hearing in Germany a couple of months to buy time. I do not expect to have an answer for the COS application any time soon, it says on the USCIS website it takes 4-9 months for applications to be processed.

 

The only one who can tell me if my son also was approved for a GC is his father, and he wont tell me anything .

Well that won’t help him at all that he won’t share information with you. 
 

Agree with above. I would do anything to get the divorce here in the states instead. Then you don’t have to leave.

[USS_Voyager 1,972]

Yeah this is a big mess. Just a thought, can you file with the German court to stop their proceeding and ask to be able to file for divorce in the US?

[GloriaHalo 0]

10 minutes ago, USS_Voyager said:

Yeah this is a big mess. Just a thought, can you file with the German court to stop their proceeding and ask to be able to file for divorce in the US?

I probably could, but the key issue here is that we do not want to stay here. We have much better opportunities overseas. 

[Mollie09 1,543]

41 minutes ago, GloriaHalo said:

I probably could, but the key issue here is that we do not want to stay here. We have much better opportunities overseas. 

Why does that affect where you get divorced?

[Georgia16 2,858]

46 minutes ago, GloriaHalo said:

I probably could, but the key issue here is that we do not want to stay here. We have much better opportunities overseas. 

I get that but I also understand that you chose to move to the us as a married couple with a child and that child will pretty much be without a parent. And courts don’t like taking kids out of their environment so chances are high that the child will stay in the us. 

[Boiler 46,022]

3 minutes ago, Georgia16 said:

I get that but I also understand that you chose to move to the us as a married couple with a child and that child will pretty much be without a parent. And courts don’t like taking kids out of their environment so chances are high that the child will stay in the us. 

Absolutely, with the father fighting it, going to be a long haul and chances are low.

 

My impression is that this whole scenario has not been thought through and every thing is reactive and digging a deeper hole.

[GloriaHalo 0]

1 minute ago, Boiler said:

Absolutely, with the father fighting it, going to be a long haul and chances are low.

 

My impression is that this whole scenario has not been thought through and every thing is reactive and digging a deeper hole.

Yes, You are so right. 

 

 

[Georgia16 2,858]

9 minutes ago, Boiler said:

Absolutely, with the father fighting it, going to be a long haul and chances are low.

 

My impression is that this whole scenario has not been thought through and every thing is reactive and digging a deeper hole.

Yes Exactly I get they want out but waiting til the child is 18 seems like the best idea. 
get the divorce in an American court, get divorced and then married to boyfriend and adjust status then they can all be here for the child and could move after is they would like. 
only the child will be the loser in the other senario because the parents will keep fighting. 

[GloriaHalo 0]

2 minutes ago, Georgia16 said:

Yes Exactly I get they want out but waiting til the child is 18 seems like the best idea. 
get the divorce in an American court, get divorced and then married to boyfriend and adjust status then they can all be here for the child and could move after is they would like. 
only the child will be the loser in the other senario because the parents will keep fighting. 

So say we are able to cancel the process overseas and file here instead. 

I would still be out of status, risk getting denied an COS to B2, I cant work, meaning no way of paying legal fees.. 

[Georgia16 2,858]

Just now, GloriaHalo said:

So say we are able to cancel the process overseas and file here instead. 

I would still be out of status, risk getting denied an COS to B2, I cant work, meaning no way of paying legal fees.. 

yes but you have a route to legal stay without leaving the country and your child here. 
after you get divorced and remarried you and new husband can adjust your status so you get a GC. But yes you wouldn’t be able to work for about 6-7 months. But bonus is you will be there with your new family and the child with your ex. 

[GloriaHalo 0]

6 minutes ago, Georgia16 said:

yes but you have a route to legal stay without leaving the country and your child here. 
after you get divorced and remarried you and new husband can adjust your status so you get a GC. But yes you wouldn’t be able to work for about 6-7 months. But bonus is you will be there with your new family and the child with your ex. 

So IF my COS is denied, wont I have to leave and then go through fiancee or marriage visa from abroad?

[Georgia16 2,858]

Just now, GloriaHalo said:

So IF my COS is denied, wont I have to leave and then go through fiancee or marriage visa from abroad?

No. And I wouldn’t even continue with that one if the divorce can go over here I could be quick if you both agree and you can move on and get started with your new process