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GloriaHalo

Falling out of E2 Dependent Status

By GloriaHalo in Effects of Major Family Changes on Immigration Benefits

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GloriaHalo Rookie

GloriaHalo   0

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4 minutes ago, Georgia16 said:

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 

I am not sure I understand.

 

Wont I have to change my status now since I am no longer a E2DEP since my ex has a GC?

 

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USS_Voyager
USS_Voyager

If you have filed the I-539, you are not illegal. You are in authorized stay while the I-539 is pending.    Yes, if you leave the US while the I-539 is pending, the I-539 will be considere

geowrian
geowrian

I doubt a contested divorce will wrap up within the timeframe requested on the COS application. As such, the only legal option is to leave. While overstay is not a bar to AOS as the spouse of a U

Nat&Amy
Nat&Amy

This.   For the kid's sake, please try to reason with your ex. In addition to the above, the fact he won't even let you know about the kid's GC arrangements gives me the impression that the

Georgia16 Mentor

Georgia16   2,858

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3 minutes ago, GloriaHalo said:

I am not sure I understand.

 

Wont I have to change my status now since I am no longer a E2DEP since my ex has a GC?

 

Yes when you get married with your new man then you guys will send in new papers so that you can get in legal status and obtain a Green Card

 

 

 

 

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Georgia16 Mentor

Georgia16   2,858

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14 minutes ago, GloriaHalo said:

OK. 

So even IF I were to stay here during a potential divorce proceeding in the US I would not be considered "illegal"?

If everything gets denied for you then yes but overstay is forgiven when married to a usc and won’t effect your future application to stay and get Green card.
@Boiler can you Help explain better what I mean. 

 

 

 

 

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Boiler Grand Master

Boiler   45,558

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Divorce somewhere, where you do not have to leave the US.

 

Marry

 

File to adjust to Permanent Resident, not sure how long it will take but say a year.

 

You get your GC.

 

Now if you subsequently move and abandon your GC and do not get US citizenship you may have issues visiting but not a lot you can do about that except waiting to get US citizenship before you move.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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I doubt a contested divorce will wrap up within the timeframe requested on the COS application. As such, the only legal option is to leave.

While overstay is not a bar to AOS as the spouse of a USC, I also would not suggest that anybody overstay. I believe it would be a violation of the site's TOS to advise somebody to overstay their legal presence.

 

Reminder that even 1 day of overstay will make them forever ineligible for the VWP...meaning they would need to get a B visa to visit in the future.

 

5 hours ago, GloriaHalo said:

No, and he holds the passport for him as well.

This was mildly concerning because it implies that him holding the passport instead of you makes a difference. Don't even get involved in anything related to child abduction.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Nat&Amy Collaborator

Nat&Amy   623

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33 minutes ago, geowrian said:

This was mildly concerning because it implies that him holding the passport instead of you makes a difference. Don't even get involved in anything related to child abduction.

This.

 

For the kid's sake, please try to reason with your ex. In addition to the above, the fact he won't even let you know about the kid's GC arrangements gives me the impression that the idea of "keeping the family together", as suggested by other members, has already sailed, hit an iceberg and sunk. Does not look like a friendly environment for the kid to navigate, not when your ex is so determined to make things hard for you. Weigh your options carefully and choose the one that is legal, safe and that will not harm you in the future (again, read @geowrian above)

 

 

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GloriaHalo Rookie

GloriaHalo   0

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20 hours ago, Nat&Amy said:

This.

 

For the kid's sake, please try to reason with your ex. In addition to the above, the fact he won't even let you know about the kid's GC arrangements gives me the impression that the idea of "keeping the family together", as suggested by other members, has already sailed, hit an iceberg and sunk. Does not look like a friendly environment for the kid to navigate, not when your ex is so determined to make things hard for you. Weigh your options carefully and choose the one that is legal, safe and that will not harm you in the future (again, read @geowrian above)

 

 

Thank You! 
Yes I agree with you. 

Do you see any issues with pushing the court date in Europe a month or two? The application will most likely not be processed anyways in under 6 months, when leaving we submit a cancellation of application? 

And thank you so much for taking time to answer my questions. 

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Boiler Grand Master

Boiler   45,558

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Well you just leave, there is no cancelling the application.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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