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Underwent divorce while AOS .questions , please help.

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  • Underwent divorce while AOS .questions , please help.

    Hi,
    I am still undergoing AOS process. I was recently divorced from my American spouse.Our interview is scheduled next week. I am sending INS a letter with the divorce decree and I am also stating in there that I am leaving the country in early FEB.
    My questions:
    1. My letter with the divorce decree will reach them on the 22nd JAN. I am leaving in early FEB. Is that considered overstaying ?
    2. In the future if I am to come back as a spouse of H1B visa that is as H4 , will there be a lot of problems?

    Please advise.
    Thank you for your attention.
    ONAMIKA.

  • #2
    Hi,
    I am still undergoing AOS process. I was recently divorced from my American spouse.Our interview is scheduled next week. I am sending INS a letter with the divorce decree and I am also stating in there that I am leaving the country in early FEB.
    My questions:
    1. My letter with the divorce decree will reach them on the 22nd JAN. I am leaving in early FEB. Is that considered overstaying ?
    2. In the future if I am to come back as a spouse of H1B visa that is as H4 , will there be a lot of problems?

    Please advise.
    Thank you for your attention.
    ONAMIKA.

    Comment


    • #3
      How can you overstay if you are in AOS?

      An H-1B will have no effect on an AOS as duel intent is allowed. You may have a green card before you have an H though as long as your prior marriage was legit.

      Comment


      • #4
        excuse me. my question was not clear.
        My adjustment of status was initiated through my marriage with USC husband. Before that I was a student here. We filed our paperworkin 2003. we underwent a state to state move and hence the whole case was transferred. But recently i got divorced from him and the final interview date is next week. I will withdraw my application now since my marriage has dissolved but will leave in FEB. I was told that the moment USCIS gets my letter requesting withdrawal , i will become out of status and will overstay . Is that true?

        About the H1B , if i get married to a person who holds a H1B , will I have trouble re entering U.S.A.?

        Comment


        • #5
          The AOS is your application not your husbands. Why withdraw it? Go to the interview and tell them the truth. You got married and it didnt work out. These cases get approved all the time as long as the marriage was indeed legitimate.

          Comment


          • #6
            You will not have trouble getting or entering on an H-1b based on a past PR petiton.

            Comment


            • #7
              Thnak you sugarpuff for that information.
              Well I started living away from him during the first interview due to financial hardship. He was a student at that time and I was working to support us. We were unhappy all the time for the distance. I dont know how to prove that the marriage was legit other than from the documents we have from when we were living together.

              Comment


              • #8
                Hi sugarpuff, what is a PR?
                i am grateful for your help.

                Comment


                • #9
                  PR= Permanent Resident=Green Card

                  Comment


                  • #10
                    Hello Sugarpuff,
                    My interview is scheduled on the 22nd JAN. My letter will reach them 21st earliest. Is it okay that I am leaving in FEB? When i try to come back petitioning as an H4, will I be ok?

                    The point about still going for the interview had not occurred to me. If i do go for that interview, will I be able to remarry an H1b ?
                    Will that cause me or him any problems?

                    Thank you.

                    Comment


                    • #11
                      Anyone and everyone, your help is greatly appreciated.

                      Comment


                      • #12
                        You see, I am worried about the time in between when INS gets my letter requesting withdrawal in JAN end**** AND***** FEB when I leave the country. I do not want to overstay or create a problem towards my possible return as a H4 in the near future.

                        Please advise.

                        Comment


                        • #13
                          If that's the case why don't you reschedule the interview until march and then send in the withdrawal letter?

                          You're only subject to 3yr ban if you've overstay for 3 month. So yo're good in that aspect.

                          Comment


                          • #14
                            Marmaduk ,
                            If i send them a reschedule request, am i not required to send them the divorce decree too ?
                            In that case , will they still reschedule?
                            How long does ot take to get an advanced parole document? can i come back and still go for the interview and request a withdrawal there?

                            Thank you very much for your input.

                            Comment


                            • #15
                              sug,

                              The AOS will be approved if the marriage through which the alien is able to adjust has already ended in divorce? You say these are approved all the time, can you provide any sources?
                              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                              Comment

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