I came to United State on K1 visa and registered my marriage within 90 days, I don't know if he ever filed for change of status for me.
My husband sent me back to Pakistan and told me that I can come back whenever I want to, I did not know anything about immigration process.
Now, he does not want me to come back and threatend me that he would file the divorce, How can I re-enter to USA or if he files the divorce can I get visa to contest my divorce? Please help me.

If you left without filing to adjust status then you have used up your K1 status and he needs to petition as a k3.cr1 for you and start all over.

K1 is is a 1 time entry visa meaning you have to Adjust Status before you leave the US. Your K1 is nill and void now so now your hubby will have to start over as K3 or CR1... Im so sorry.
I went through the same as you a good few years back and i know and understand it's not pleasant. My x sent me back because he had another woman and ofcourse didn't want me around and so with not having a job i could not support myself or my son he had signed the Affidavit of Support which tied him into supporting me for 10years but he was smart and his attorney told him to pay for a ticket and send me back to my homeland( which he did) then it would be an easy process, i found this out about a year after i was back...so sad really and i feel for you.

Michelle

Like the others said, a K1 is a one time entry visa. Once you leave the US without Advanced Parole or the greencard then you cannot reenter the US unless you have some other kind of visa. There is no specific visa to come and contest a divorce (as far as I know, but you could try for a visitor's visa.

I don't know what other options you have in terms of the divorce. Even if you did come back you cannot file for AOS without having your husband as a sponsor. The K1 allows for adjustment after marriage to the petitioner so once you get here you would be out of status anyway. Someone correct me if I am wrong.



It sounds like she wants to come back to contest the divorce, not to be with her husband.

What state were you married in? With a few exceptions, many states in the USA honour no-fault grounds for divorce, and so it might be a waste of time coming here to contest something that your husband has the right to do!

That is correct. In addition, contesting a divorce does not really result in no divorce. You can only really contest the terms of the divorce with regard to property settlements and child custody or maybe spousal support (like alimony) arrangements. Generally short term marriages result in property settlements that reflect what would have been if the couple hadn't married.

By your husband getting you to leave the US without advanced parole or permanent resident status, he effectively protected himself from any viable contest of the divorce. Even if he did file for adjustment of status, you would need to be involved. Actually, it is you that files to adjust status.

How would I know if he ever applied for adjustment of Status application.

I'm going to go out on a limb here and say, don't bother, he didn't. I'm so sorry.

Since it is YOUR application and not his... You would have done it (or at least signed the application)... So I think you know your answer and it is most likely NO...

Im sorry to say this but It seem that he wanted to get you out of the state and it is not his intentions for you to come back.
This was a mean thing for him to do to you. K-1 is for to enter the US one time only. He wanted you gone and if you're gone he has no financial responsibility for you. This is a LOSER be glad you are home with your family and not abandoned here.

I feel for you.
Barb

some real nice people out there, eh? jeez

Bad deal. Sounds like you got hood winked into leaving, now you are out of status, or well you are not to travel outside of the USA until you get Advance Parole or GC, for US will not allow you to enter back into the USA.

sorry to hear that but it seems that your husband tricked you to sent you back to your home country.

Are you legally married in Pakistan? I can understand how this is a problem for you.

yes it will be a huge problem for her and im not talking about the divorce my heart goes out to her and i think she needs all the prayers that we can offer for her........men like that oh man i better not even get started on it but he sure is not following Islam
sara

First of all, I would like to say that my heart goes out to you. Nobody deserves to be treated that way.

Unfortunately, there is nothing you can do about the situation with regards to re-entering the US except for applying for a tourist visa. I know that there might be cultural obstacles to overcome for you and that it's easier said then done, but at the same time I would initiate the divorce proceedings. After what your husband did to you, there's is no basis for a marriage and I think it would be incredibly hard for your to ever trust him again.

I'm not in your shoes and I'm sure you're going through extremely hard times. Don't let this situation get you down. You deserve better than this.

I wish you all the best and that you find the strength to put all this behind you!

He more than likely never filed for AOS for you and him. When he sent you back and you went to Pakistan, that was a mistake for you, you will not be allowed back into the USA since you are not out of status and left the USA with advance parole permission. Does not matter if you knew or not. And if he does not want you back, then why go back, he will not file for AOS and you will have to leave and go back anyway. More than likely there is no way for you to contest divorce and get back to USA legally now, and you will lose the divorce case and he will get a default ruling since you will not be in court that day. Best to move on and learn from it.