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Married USC, he divorced me last month, GC interview next month, I need to know when I will be out-of-status??

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  • Married USC, he divorced me last month, GC interview next month, I need to know when I will be out-of-status??

    Hello,

    I am from England, I came to USA in January 2002, I married a USC in March 2002 while on the Visa Waiver Program, I filed the AOS package in April 2002, got EAD in July 2002. So, I have always been in status.

    My husband filed for divorce in March 2003. I just got my interview letter in the mail, the interview will be in June 2003. Of course I am not going to this interview since my husband disapeared...

    I am leaving the country, but I would like to know when I will start being out-of-status?

    Does it depend on the date when the divorce is final or is it the date of the interview?

    I guess if the divorce is final before the date of interview, my out-of-status date will be the date of divorce finalization.
    But if interview comes first, my out-of-status date will be when the divorce is final.

    My reason for asking is because, I want to finalize the divorce before I go and at the same time not be out-of-status.
    Also I have to sell my car and need sometime to get ready to leave...

    Should I go to the interview alone and tell them that I am leaving ? Or do I need to write them something, is there a FORM for that?

    Thank you guys !
    I appreciate your help!

    Debbie

  • #2
    Hello,

    I am from England, I came to USA in January 2002, I married a USC in March 2002 while on the Visa Waiver Program, I filed the AOS package in April 2002, got EAD in July 2002. So, I have always been in status.

    My husband filed for divorce in March 2003. I just got my interview letter in the mail, the interview will be in June 2003. Of course I am not going to this interview since my husband disapeared...

    I am leaving the country, but I would like to know when I will start being out-of-status?

    Does it depend on the date when the divorce is final or is it the date of the interview?

    I guess if the divorce is final before the date of interview, my out-of-status date will be the date of divorce finalization.
    But if interview comes first, my out-of-status date will be when the divorce is final.

    My reason for asking is because, I want to finalize the divorce before I go and at the same time not be out-of-status.
    Also I have to sell my car and need sometime to get ready to leave...

    Should I go to the interview alone and tell them that I am leaving ? Or do I need to write them something, is there a FORM for that?

    Thank you guys !
    I appreciate your help!

    Debbie

    Comment


    • #3
      Your overstay starts when the divorce is final

      Comment


      • #4
        Since you already have an AOS apllication pending, you will be seen by the BCIS as haven indicated immigrant intent.

        Thus if you abscond from the interview and leave the U.S. without informing them, it will create problems for you in future, if you intend to come back to the U.S. in visitor status.

        So try and wrap up things neatly with the BCIS, telling them that you entered into the marriage in good faith, but things did not work out and as such you intend to return to the U.K.

        This way your record remains clean and straight, since you have been up-front and honest about everything.

        Good luck.

        Comment


        • #5
          Thank you Ukele,

          Do I need to go to the interview alone?
          Or do I send them a letter or is there a FORM NUMBER to tell INS that I am leaving the country?

          Well they will know I left the country since they will keep my I-94 at the airport when I leave...

          Comment


          • #6
            Ukele, are you telling me that since we didnt even make it to the first interview, I will be considered as an overstay or out-of-status since my I-94 expired?

            My I-94 expired in April 2002...does it mean that I have accumulated an overstay of 13 month?

            Can you tell me when my overstay has begun or will begin ?

            Thanks again

            Comment


            • #7
              Definitely go to the interview.
              Explain the situation that the marriage was entered into in good faith and bring documentation to prove this.
              You don't want to have problems with immigration when you come to the US again and if you leave you will have abandoned your petition I-485.

              Good Luck

              Comment


              • #8
                Maybe you should stay and try to stay in-status, like a H-1.

                Comment


                • #9
                  Has ur divorced papers finalized or still in court? Did u sign the divorce paper as defendant? If it is still in process I don't think u can say he has divorced u. So it means u are legally married till court issues the divorce decision.
                  If, I were u I will not sign the divorce paper under any circunstances. Instead, I will write to BCIS explaining that due to extreme compeling reasons I am unable to come for interviw on that date request for second date of interview. In that case u get extra time. Once u get 2nd interview date then u can write letter, of course with the help of attorney to ask for waiver for interview.

                  Comment


                  • #10
                    Ur marriage is already over a year, so i think u can ask for waiver through attorney. But in case u have signed the divorce papers & it is finalized then the marriage period will be different. Please don't sign the divorce papers, if not done yet. U are married legally till such time court issues the order. U have option here.

                    Comment


                    • #11
                      My husband filed for divorce, but I never signed, but on the paper that I got from the Sheriff, it says : "YOU HAVE BEEN SUED, THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 20 DAYS"

                      Its been 60 days now and I dont now if I am divorced or not????

                      Somebody told me that I wasnt divorced as long as I dont sign, others told me I was divorce because I didnt reply????

                      Comment


                      • #12
                        On this paper, it also says...THE STATE BLA BLA BLA..EACH HAVE 45 DAYS AFTER SERVICE OF THIS SUMMONS WITHIN WHICH TO FILE AN ANSWER OR OTHER RESPONSIVE PLEADING TO THE COMPLAINT.

                        The 45 days are over...so I dont know if I am still married or what...

                        Comment


                        • #13
                          deport all illegals=laws breakers=laws manipulators

                          Comment


                          • #14
                            Hey Debbie,

                            As long as you dont sign, you are still married to your husband, and you can pospone your AOS interview, its not welcome, but its better than go alone.

                            Comment


                            • #15
                              Thank you for helping me guys

                              Comment



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