divorce before GC interview, i want to travel and visit the US after, what options do i have?

[123unknown 0]

I came on a TN visa (mex citizen), lost my job during COVID, me and my gf at the time had been dating for two years and decided to get married, once we got married we applied for AOS, i received my EAD and AP and started a new job, we are waiting for the interview now, however the relationship has gone south, and we argue all the time, we have consider a divorce, my question is: 

 

If we get a divorce and remove the petition and I leave the US, will I be able to come and visit with a tourist visa?

Will i be able if the opportunity come to apply for an H1b? or the work visa will be affected due to the previous GC application? (I know I cannot apply for TN no more)

 

I don't want to continue with a marriage if its not working,  but also I don't want to break all ties with the US as i have been living here for 6+ years.

 

What options do i have? Or whats the best way to leave if we do divorce to ensure that I am able to return to the US if that is what I would like? 

any advice will be supper appreciated.. 

 

 

[aaron2020 11,651]

If you have a tourist visa or can get one, then you can visit the US.  Expect to be scrutinized by the US Consulate if you are applying for a visitor visa and by CBP upon entering the US because of your prior AOS on the TN visa.  

 

You can qualify for an H1b visa.  An H1b is dual intent so your prior AOS shouldn't be a problem.  

 

There is no way to "ensure" that you will be able to return to the US.  Only US citizens are ensured of the right to enter the US.  
 

 

[123unknown 0]

@aaron2020 thank u, i have a tourist visa,  and understood. 

Last question, if u happen to know, whats the best process, me and my wife will file for divorce if thats what we want to do, and will take time to ensure all bank accounts, apartment lease and everything is in good standing, then we will rescind the application by emailing or calling USCIS, once we do that, is there a grace period? 

 

Im just trying to understand the process. and if we need to we will consult a lawyer, we want whats best for both of us, and we want to ensure she doesn't have the 864 or me any trouble in the future, if we cannot work out our marriage. 

[Babu Frik 1,162]

Getting a tourist visa from Mexico had gotten harder over the last few years due to the administration.

One of the things you'd have to show is strong ties to your home country, that might be an issue being that you're currently living and working in the US.

You'd probably also need to be in Mexico to apply.

[123unknown 0]

@Babu Frik i have currently the 10 year tourist visa already stamped in my passport, but i understand the above, i will be scrutinized f i try to visit, which is fine, and can explain myself, i just want to know if i will be allowed, and as long as there is possibility is fine. nothing much i can do thanks

[Babu Frik 1,162]

39 minutes ago, 123unknown said:

@Babu Frik i have currently the 10 year tourist visa already stamped in my passport, but i understand the above, i will be scrutinized f i try to visit, which is fine, and can explain myself, i just want to know if i will be allowed, and as long as there is possibility is fine. nothing much i can do thanks

You may already know, if you complete the process you'll have to give up your tourist visa

[123unknown 0]

@Babu Frik hi, sorry would u clarify, i do not know this. 

If i complete the GC process? i would have to give up to my Tourist Visa?

I have submitted my AOS application and at the moment is on "waiting to schedule interview", u mean by submitting the application i lost my tourist visa? OR if the GC gets approved i will loose my Tourist Visa? 

 

Thank you

[Babu Frik 1,162]

3 minutes ago, 123unknown said:

@Babu Frik hi, sorry would u clarify, i do not know this. 

If i complete the GC process? i would have to give up to my Tourist Visa?

I have submitted my AOS application and at the moment is on "waiting to schedule interview", u mean by submitting the application i lost my tourist visa? OR if the GC gets approved i will loose my Tourist Visa? 

 

Thank you

If you get a green card you will have to give up your tourist visa, you will no longer be a tourist but a permanent resident, that's what will allow you to travel and re-enter.