Separated from US wife, now seeking H1B Visa

[ukstang 0]

I married my wife under a K1 Visa, successfully received my green card, we both lived and worked in the US for around two years. Last April we moved back to Austria, Europe and have been working here for a year. I officially surrendered my green card to the Embassy.

My wife now decides to break my heart and leave me, we are separated since a couple of weeks and divorce is imminent. I was manager of a graphic department and my ex boss would like to sponsor me and go back to work for him, will there be any complications in applying for a work visa being as we are still technically married?

Any advice would be greatly appreciated.

Edited April 7, 2010 by andyukok442

[HeatDeath 430]

USCIS knows only two marital statuses: married or not-married. Since you do not yet have a final divorce decree you are still married in their eyes. Because you are married to a USC, it may very well be an issue - you may have some extra work to do to to overcome the presumption of immigrant intent. The fact that you voluntarily surrendered you green card helps you quite a bit here. Showing the consular officer the legal papers initiating the divorce process should also help. I have no idea what the timeline is like for a workplace-sponsored H-1B, but it would behoove you to have the divorce as far along as possible by the time the consular interview (they do those for H-1B's, right?) rolls around.

[Boiler 43,588]

H1B is dual intent.