Tricky Situation

[notime654321 0]

I’m not sure how complicated my situation is, but US immigration scares the bejesus out of me. I’ve had B2 visa since 2016 and entered the US on multiple occasions and never stayed longer than a few weeks. Last February 2020 ( got 6 months of stay )I came to the US  with the intent of staying 2 weeks for leisure and to sign my divorce papers ( I was married at the time to a F1 visa holder ), Covid happened, I was stuck here and also quit my job because it was an industry that was highly affected my the virus and I was not willing to put my health in jeopardy ). While waiting for the situation to calm down a bit, so I could return to my country ( latin country dealing HORRIBLY with this crisis .) My partner talked and suggested we try to make it work out again, I agreed and we filed for AOS to F2 ( to be her dependent), due to  CoVID backlog I’m guessing the process dragged forever and in the mean time I decided to follow through with the divorce and abandoned the AOS and her dependent (biometrics were done 1 month before I decided to go ahead and divorce ). One month after my divorce became final I met someone else that was very aware of the fact that I was about to leave the country, I was looking into tickets to go in January. Basically now I’ve been divorced for 4 months and in another relationship for 3 ( we moved in together a week after we met…yeah it was fast, but it was genuine and we work really well together). My now partner (USCI) started talking about us getting married in a few months and I really want to, but I’m worried about the fact that I had a  previous file with them ( USCIS), at the time of our wedding I will have overstayed my visa 10 months. I want to know what I should expect in this situation? Our relationship is real and we love each other, but I’m honestly afraid of getting into more trouble than the overstaying one, I’ve talked to 2 lawyers that said it will be fine, but I’m worried.

[Coco8 1,042]

Did you try to extend your stay with the B2 at the start?

 

You should find a way to cancel the F2. I don't think the F2 would have worked, it depends on the timing; changing status from B1 to F2 is very tricky.

 

Overstays are forgiven for spouses of US citizens. That said, the problem is if you do not get married. You are looking at a ban that could be from 3 to 10 years depending on how much you overstayed and your visitor visa will be cancelled. The chances of ever getting another visitor visa are slim. 

 

You might want to think it through carefully. You won't be able to work until you get married and then you have to wait ~4-5 months for a work permit to arrive. So you will be in kind of limbo for a while. You will also have to collect a ton of information to support your marriage, because your relationship is so short. 

[notime654321 0]

Coco8

Quote

Did you try to extend your stay with the B2 at the start?

 

You should find a way to cancel the F2. I don't think the F2 would have worked, it depends on the timing; changing status from B1 to F2 is very tricky.

 

Overstays are forgiven for spouses of US citizens. That said, the problem is if you do not get married. You are looking at a ban that could be from 3 to 10 years depending on how much you overstayed and your visitor visa will be cancelled. The chances of ever getting another visitor visa are slim. 

 

You might want to think it through carefully. You won't be able to work until you get married and then you have to wait ~4-5 months for a work permit to arrive. So you will be in kind of limbo for a while. You will also have to collect a ton of information to support your marriage, because your relationship is so short. '

 

At the time we filed for the change of status the lawyer filed for extension because he was worried covid would delay everything, at the time of my final divorce decree we still hadn't gotten any updates on either  besides 'fingerprints were taken', In all honesty I have no idea what happened with the previous process as my ex said she would be informing the school and do all that had to be done and that I was would not be her dependent anymore and I was preparing to leave, so I didn't really care. We are not really in the best of terms since I started my new relationship, so I did not really follow up with her, apart from a text that she send saying she had informed the school already.

As for the work part I'm actually ok, I've saved an amount that should be enough for a while without me having to work and also my gf has good job and got a promotion recently and is ok with me not being able to work until the process is done. The collecting info is the part the worries me, everyone knows we are together and we live in the same household and she talks to my family over FaceTime ( haven't met her family even though they live in the US because they're homophobic and they don't really talk), we take small trips around the state, like weekends or day trips and have tons of proof, but apart from that we don't travel because of covid. We plan of joining our bank accounts and adding my name to utility bills, once we get married (I help pay them now, just don't have my name on it). Any ideas what else we could use?

Edited February 23, 2021 by notime654321
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