K-1 Divorce help

[EM_Vandaveer 2,369]

She says AOS is not completed, but her status says it's pending. They might have filed it, it may be in the works. OP if you filed within the 90 days (before the middle of April), then you would not have any overstay. You can leave now, it will mean you've abandoned the AOS process, but you'd be able to use VWP in the future.

If you have not filed for AOS than yes, you are accruing overstay since your 90 days were up.

[templeton 120]

Not to nitpick (but I am anyways LOL), but at this point it only matters IF she's filed for AOS, not when, as far as any overstay goes. Any overstay is forgiven upon filing. Many people do not file within the 90 days.

Edit: Although I confess I don't know that if she had accrued overstay, applied for AOS, then abandoned said AOS, whether that overstay could come into play if she ever wanted another visa in the future.

Again, we're just making up scenarios now. It would help to simply know her actual status for sure.

Edited May 21, 2015 by templeton

[Boiler 43,434]

Seems reasonable to assume she is not adjusting.

[Hotter Otter 1,211]

The consulate is a good shout, they are there to help UK citizens. I believe there's one in Chicago that serves your region?

Sorry that he has acted like this, its an utterly nasty thing to do to someone after getting you to emigrate for him. Hope karma hits him hard.

[ChicagoSarah 127]

the British consulate is downtown Chicago. I've never actually been, but it's right in the heart of downtown and easy to find/get to from anywhere:

https://www.gov.uk/government/world/organisations/british-consulate-general-chicago

[cdneh 3,112]

Why is everyone saying that she overstayed?

Probably because in post #8 she says she hasn't filed?

[Pheebs1201 269]

May his urination cause him pain and agony!!!!!!!!!!!

Yes!

[oksmel 4]

I don't think you overstated, you did marry your fiancée in 90 days. What is happening now is very bizarre , but there is a possibility to stay in U.S. If you want Was your husband abusive? I would try to make him to find a lawyer to help you...

[novedsac 355]

Probably because in post #8 she says she hasn't filed?

A very reasonable assertion, which most of us have made, but she still hasn't explicitly stated AOS has been filed or not ... just that 'they haven't completed the adjustment of status process yet' ... maybe they started the planning stages but hadn't actually signed/filed anything.

[novedsac 355]

With such a short-term to the marriage, there's likely to be little, if any, marital property involved. Likewise, alimony/maintenance is unlikely to be awarded. However, if OP contested the divorce and filed a motion for legal separation, temporary spousal support while the divorce is proceeding would be very likely. She could reasonably slow down the process for 12 months or so without legal repercussions.

This is why I suggested earlier that she negotiate a simple, uncontested divorce (which would be cheaper and quicker for her husband) in return for a plane ticket home and, perhaps, some pocket money to cover her expenses for a month or so. She's unlikely to get more than that in a divorce decree. He wants an easy divorce - she wants to go home - she's got the better position to negotiate, though she may not feel that way right now. Once the divorce is done, she will have absolutely no ground to bargain from.

[RICARDO4EVA2 194]

Why is everyone saying that she overstayed?

You can't know this unless you know whether or not she filed for the AOS. All she says about it is "we have not completed the adjustment of status process yet"

If she filed for the AOS, then she has not overstayed.

If she did not file, then she is accruing days of overstay.

even so - It has to be approved to be forgiven.

[KokiLulu 8]

Has there been any physical, verbal, or emotional abuse? If so, you can file I-130 for adjustment of status as the abused spouse of a US citizen and the fee is waived. But you must be able to prove you have been abused. You should talk to an immigration attorney before jumping on a plane back home. Many have free initial consultations and can advise you on the best course of action for your situation. You should also talk to a divorce lawyer to see what your rights are and what you are entitled to. You would be entitled to whatever a US citizen is entitled to in the divorce. Being out of status does not take away your spousal rights. If I were you I'd start with the immigration lawyer and go from there.

[Saffer 27]

My heart breaks reading this. I think you need to go home as soon as possible. Can family or friends in the UK loan you some money for a ticket? I hope you are safe and get home soon.

[Ontarkie 13,915]

~~Generalization post removed plus 2 others for quoting, 1 for language/personal attack. Post constructively or do not post.~~

Edited May 23, 2015 by Ontarkie

[elmcitymaven 9,711]

Not to nitpick (but I am anyways LOL), but at this point it only matters IF she's filed for AOS, not when, as far as any overstay goes. Any overstay is forgiven upon filing. Many people do not file within the 90 days.

Edit: Although I confess I don't know that if she had accrued overstay, applied for AOS, then abandoned said AOS, whether that overstay could come into play if she ever wanted another visa in the future.

Again, we're just making up scenarios now. It would help to simply know her actual status for sure.

It does come into play. My ex and I abandoned AOS to move back to the UK. At that point, he had overstayed his VWP by about 100 days. Since this all happened in the pre-9/11 period, nobody really noticed that he had this overstay on his record when we travelled back and forth between the US and UK using the VWP. Eventually, he was detained at an airport because of the overstay, but was paroled in because it was Christmas and the DHS agent was feeling festive, I guess. Anyway, for our next trip he needed to get a B-1 visa, which was approved no problem. He's back to being able to use the VWP again, from what I understand.

TL/DR: yes, it can come into play if your AOS is abandoned.