Aos and abandoment

[arwensun1965 0]

As a few of you know Jon and I are now getting a divorce, we have an AOS appointment on friday and would like to ask a few questions please.

1. Do we have to go to the interview.

2. If we go to the interview can we explain our situation??

3. Jon and I would like to continue the way we were before we married ...visiting each other and such.

4. As we would like to visit each other does all this mean I cannot visit Jon because we are getting divorced?

5. Although I have a one way ticket for the 7th of October will they demand that I leave the USA straight away?

6. Will this in anyway stop us from doing this process again in the future??

7. Will this bar me from the USA??

8. Will I still have to pay Taxes??

If anyone could enlighten me I would be very greatful.

Thank you

Janice

[babybunny 2]

As a few of you know Jon and I are now getting a divorce, we have an AOS appointment on friday and would like to ask a few questions please.

1. Do we have to go to the interview.

2. If we go to the interview can we explain our situation??

3. Jon and I would like to continue the way we were before we married ...visiting each other and such.

4. As we would like to visit each other does all this mean I cannot visit Jon because we are getting divorced?

5. Although I have a one way ticket for the 7th of October will they demand that I leave the USA straight away?

6. Will this in anyway stop us from doing this process again in the future??

7. Will this bar me from the USA??

8. Will I still have to pay Taxes??

If anyone could enlighten me I would be very greatful.

Thank you

Janice

when you leave no you dont have to pay taxes. < you will be out the USA >

you wont be banned from the USA because, your marriage was in good faith. I dont think this will

stop you from the VWP. if you explan the situation and handle it properly. now

as far as the interview at least explain to them the situation and cancell it

turn everything at the POE - documents like EAD card etc...this will show you did everything in good faith.

you can apply again in the future. as far as when you leave .. is the DAY the divorce is Final.

one day more if I am correct is overstay because, you are AOS thats because, you came on K1. Is it correct you came on k-1? if it was Cr1 thats a diffrent story.

anyone will correct me if I am wrong. this is the best of my knowledge on the subject matter.

good luck to ya.

[arwensun1965 0]

Is it correct you came on k-1

Yes I came here on a K1.

So am I correct in thinking that we should still go to the interview and explain the situation??

Thank you

Janice

[babybunny 2]

Is it correct you came on k-1

Yes I came here on a K1.

So am I correct in thinking that we should still go to the interview and explain the situation??

Thank you

Janice

yes.. unless the divorce is final prior to the interview. then you better make a

B line to USICS or POE and turn in all things. I dont know what state you are in

but, in some states the divorce can be final in less than 60 days. < example here in texas >

[Yodrak 7]

Janice,

1 & 2. If it's not too inconvenient a personal appearance to explain the situation would be the best way to close the case with minimum risk of adverse consequences.

4. No.

5. I don't know, but I doubt it. You may incur a few days of overstay (or more than a few days, see #7), which I understand would be a problem with the VWP, but maybe they'd be kind enough to close the case as of 8 October.

6. No.

7. I'm tempted to say no, but I don't know the details of overstay on a AOS case that is not approved. Again maybe if they wait to close the case after you've left the issue will not exist. Get an opinion on this from an immigration lawyer - what you're told by the USCIS may be correct but then again it may not be.

8. If you earned any money while here you've probably already paid tax on it through withholding by the employer, but you probably couldn't have earned enough to owe income tax. So file a tax return (joint with your husband if still married come 31 December) to get any taxes paid back.

Best wishes,Yodrak

As a few of you know Jon and I are now getting a divorce, we have an AOS appointment on friday and would like to ask a few questions please.

1. Do we have to go to the interview.

2. If we go to the interview can we explain our situation??

3. Jon and I would like to continue the way we were before we married ...visiting each other and such.

4. As we would like to visit each other does all this mean I cannot visit Jon because we are getting divorced?

5. Although I have a one way ticket for the 7th of October will they demand that I leave the USA straight away?

6. Will this in anyway stop us from doing this process again in the future??

7. Will this bar me from the USA??

8. Will I still have to pay Taxes??

If anyone could enlighten me I would be very greatful.

Thank you

Janice

Edited September 20, 2006 by Yodrak

[babybunny 2]

if your divorce is final BEFORE AOS date. better LEAVE not stay one day. it will start Overstay!!!

[Boiler 43,430]

You can not use the VWP if you previously overstayed on a VWP.

But not the case here.

I do not know the answer.

[arwensun1965 0]

Thank you Yodrak, both Jon and I were a little worried over what would be the best option for us, what you have said makes perfect sense and once Jon comes home from work we will discuss this in detail.

Thank you

Janice

[desert_fox 32]

Make the taxes and who pays for what as part of your divorce settlement.

you should see your own lawyer but you may not be friends afterwards.

sorry to hear, but you will survive.

good luck

[Carol&Marc 0]

As a few of you know Jon and I are now getting a divorce, we have an AOS appointment on friday and would like to ask a few questions please.

1. Do we have to go to the interview.

2. If we go to the interview can we explain our situation??

3. Jon and I would like to continue the way we were before we married ...visiting each other and such.

4. As we would like to visit each other does all this mean I cannot visit Jon because we are getting divorced?

5. Although I have a one way ticket for the 7th of October will they demand that I leave the USA straight away?

6. Will this in anyway stop us from doing this process again in the future??

7. Will this bar me from the USA??

8. Will I still have to pay Taxes??

If anyone could enlighten me I would be very greatful.

Thank you

Janice

Sorry to hear abt your situation Janice. I remember you from K-1 forum.

I guess the advice Yodrak gave you is the best and I think if you go to the interview, you will be able to explain everything to the officer, plus getting the best advice abt what you should do next. I think he will help with info abt the overstay and stuff...

Good luck to you!

Carol