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mcole_sweet

Urgent help NEEDED, PLS!!!!

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Hi, I am new to VJ and I do need urgent help, I will really appreciate it a lot. I will keep this short and straight to the point. I married my fiance who is a U.S. citizen after my tourist visa expired by 2 days and after being married for three months, the marriage doesnt seem to be working hence, I am considering a divorce. If we indeed get divorced, will the two day overstay and the subsequent three months I have stayed married be counted as overstay because I didnt complete the Adjustment Of Status (AOS) process? How does this affect me in the future?

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When are you going home, you have no ban now but another 3 months and you will, best not to let it go close.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You came to the US on a visitors visa and used it to get married. Your current visa is void no matter how long it is for and when you go to ask for a new one they will assume you will pull the same stunt. It will be on you to prove that isn't your intent. Not sure how you will prove that you won't commit visa fraud a second time.


This will not be over quickly. You will not enjoy this.

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Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 3 years.

Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the U.S. for 10 years.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you very much @Boiler, that was helpful information. Earlier, I had been informed that by getting married to a U.S. citizen, whatever amount of overstay I had would be wiped out of my record. However, now that I am contemplating a divorce, will that wiped record of overstay be undone because I got divorced and subsequently did not complete the Adjustment Of Status (AOS) procedure?

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Forgiven is not quite the right word but to adjust status you have to have a status to adjust from, that requirement is waived for immediate relatives.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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@Boiler, you have no idea, how much your responsiveness means to me. Thank you. I'd take a quick moment to give you a brief of my situation. I filled for AOS (Adjustment of Status) concurrently with the form I-130 (I-485 + I-130). Which means I filled as a relative. We have received our interview date for June, which means does not care any more about any overstay I had. My basic concern is the divorce, will it undo the records that has been wiped by the process of adjustment of status so far?

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You can only adjust status if you are in a viable relationship which you are saying you are not. You need to cancel the interview and make plans to leave the US. You can divorce here or back in Nigeria, divorced is divorced. Do not go to the interview if the marriage is dead it ill come back to haunt you.


This will not be over quickly. You will not enjoy this.

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Nothing is ever wiped.

Presumably you will not be attending the June interview, this will then close the adjustment process if you do not do so beforehand.

I have read conflicting accounts as to whether the period between applying to adjust and puling the application counts towards an overstay. I think it does not, but would not risk it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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@Broiler, thank you very much for your great insights and opinion into this matter. I appreciate your time and everything it took you to be such a great help to me. May you never know delay in whatever areas of asks you might have. @NigeriaorBust, your point about not going forward with the interview if I believe the relationship is not capable of being successful is very correct. I will put all of your opinions into critical considerations and decide which way to go, moving forward. Once again, thank you all for your help.

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