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billy0227

Married for 2 months wanted a divorce to remarry

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Filed: K-1 Visa Country: Philippines
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You came to the US and overstayed your visa.

- Technically, i did. Yes, along the way, but things happen unexpectedly without thinking for worse. I was dumb, i give you that. So i did overstay, but then again, like my story was told above, i came here with D/S stamped on my I-94, true i am out of status, but based on what i have researched so far, unlawful presence won't accrue until USCIS or a Judge notifies me that i am indeed in violation of my status. And me or my dad never receives any just yet, or at least we're hoping we did not just missed seeing it if they did.

Unlawful Presence.....seems as though you're right. There was probably a letter sent at some point which they will use,

http://www.state.gov/documents/organization/87120.pdf

"f. When calculating unlawful presence, the date that the Form I-94 (or any extension) expires is considered authorized and is not counted. In addition, the date of departure from the United States is not counted as unlawful presence. In duration of status cases where DHS or an IJ or the BIA makes a formal status violation finding, the alien begins accruing unlawful presence on the date of the finding (i.e., the date the finding was published/communicated). For example, if an applicant presents a letter from DHS dated December 1, 2008, that says the applicant was out of status starting on May 28, 2001, the applicant began to accrue unlawful presence as of December 1, 2008, not May 28, 2001. Note that, in the event that an IJ made the status violation finding and concurrently issued a voluntary departure order, no unlawful presence would accrue if the applicant complied with the order by making a timely departure"

Edited by Shauneg
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Filed: J-1 Visa Country: Peru
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Another option to obtain a visa other than through marriage is H1B, "available for offers of employment that are in a specialty occupation". Do you have special skills, training, knowledge that would benefit the US of A? You write that you chose to abandon the education you were allegedly pursuing here and preferred to fall out of status.

There is not much sarcasm in this thread, but certainly answers you don't want to hear. You made choices in your past and are now facing the consequences. This is called accountability, and understanding it is part of growing up. And noone on this forum can undo the choices you made in the past. Only you can learn from it, move on, and do better in the future.

Based on what you write, I think you are out of legal options, but should talk to an immigration lawyer to make sure. You can try to leave the US quietly without drawing too much attention or continue living in fear of getting busted and incur a multi-year ban. Once more you are faced with a choice.

I thought it was sarcasm coz yes, its an answer i didn't expected to hear. But let me just clear things up on me falling out of status, it wasn't a choice. Indeed my choice to left my dad's place, and this was Spring of 2011, i had whole Summer to take a break, that was the plan because i thought i can apply for a job inside the school before Fall comes and had money for my tuition myself. But at the time, i guess pride has also overwhelmed me as international students have expensive fees, and my dad refused to help me cover the expenses since he said and i quote "you left my place on your own, so figure that on your own". Which made me angry and build even more pride for myself on him instead of putting my ego down realizing it could cost me worse later on. It is my mistake that i focused too much on my pride and anger that time, but it happened already and that's why i didn't got the chance to register due to financial reason.

I even tried to re-enroll by Spring 2012, because all of my valid id's are going to expire that year and i needed to be registered in class in order to have it renewed, which at the time, i was told by my SEVIS councilor that my status was already terminated due to failure to register on Fall 2011. And that's where things began, i moved with a friend 50mins away from my dad's place and met my girlfriend i mentioned i lived with for more than 2 years.

I already had my regrets and such, and there is no point of going back now anyway. Only reason i came here was seeking best suggestions for options i can use to counter my wife's plan of reporting. That's all. What happens next? I don't know yet. Honestly, for the past years i have been out of status, i never really cared researching about this and that about my status.

Edited by s2pidkaspr
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Filed: J-1 Visa Country: Peru
Timeline

Unlawful Presence.....seems as though you're right. There was probably a letter sent at some point which they will use,

http://www.state.gov/documents/organization/87120.pdf

(2) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only begin to accrue as of the date of the formal finding;

- Maybe, but like i said, neither me or my Father received one, plus i went to my dad's lawyer in seek of divorcing my wife, and on his files as well, i am only stated Out of Status, but not Unlawful Presence. Meaning, i understand i can probably volunteer to go back for me to not accrue penalties or bars, but its possible i would get denied approval if ever i tried to apply for a new visa again. I mean, i could go back anytime, but still hard. Unlike Unlawful Presence which gives me years of ban before i can possibly go back.

In which, before my wife reports me and maybe i volunteer to go back, that's where i'm trying to do my best to find ways to make me stay here without going back. Hopefully.

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Filed: K-1 Visa Country: Philippines
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"I also want to say that, remarrying my lady was out of the option in the first place, but as me and my lady tried to do researches together on how i can keep myself stay here or make myself protected on deportation even if my wife reports me, puts her on offering me marriage if we found no other ways, and of course i'd agree with it because technically speaking, me and my wife had nothing to begin with except for phone communications and a title of being in a relationship. But physical company and the feeling of not being alone was done by my lady here, and all stuffs we did in so little time that did not happen even between me and my girlfriend before of more than 2 years."

So you have admitted that you didn't have a real relationship with your wife. How is that not fraud? Also, does she think you tricked her into marrying her for a green card? I wish your wife all the best.

Edited by daviddelen
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Filed: K-1 Visa Country: Philippines
Timeline

(2) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only begin to accrue as of the date of the formal finding;

- Maybe, but like i said, neither me or my Father received one, plus i went to my dad's lawyer in seek of divorcing my wife, and on his files as well, i am only stated Out of Status, but not Unlawful Presence. Meaning, i understand i can probably volunteer to go back for me to not accrue penalties or bars, but its possible i would get denied approval if ever i tried to apply for a new visa again. I mean, i could go back anytime, but still hard. Unlike Unlawful Presence which gives me years of ban before i can possibly go back.

In which, before my wife reports me and maybe i volunteer to go back, that's where i'm trying to do my best to find ways to make me stay here without going back. Hopefully.

Well either they sent one or they didn't. Not really another option, so you need to find out. If they didn't and you leave within 180 days you would be good. I would bet on you being out of status in the system though.

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Filed: J-1 Visa Country: Peru
Timeline

There are plenty of us on this forum that would give anything to be with our spouses at this right moment, but we are not.

Instead, we have to go through a year long process, sometimes even longer, to go through scrutiny or proving our relationships so that we can one day start living together and start our lives under the same roof.

Holidays, anniversaries, birthdays.. Are spent on the phone, Skype and rarely together.

And why?! Because the process is made to detect fraud which takes time.

You have been illegal, married one USC#1 to save yourself, kept a relationship with 'your lady' hurting your wife. She did respond out of spite, and I don't agree but I can't blame her either. Now you want to divorce your wife and marry USC#2. I am puzzled as to what is so attractive about a man that marries out of a fear, lies and keeps two relationships at the time?

I usually don't respond but today I am reading your post and all I can think of is that I am about to wait at least another 6 months until I get to see my hubby, but we are patiently waiting like everyone else, and then I see you post that just confirms why we HAVE TO wait and go through the process, so that cases like this one do not go overlooked

Good luck to you, and if I can give one advice .. That would be

Sit down with yourself, take a hard look at your choices and where they lead you thus far and this about the next step... Make it something you'll be proud you did one day, hopefully one day soon.

I agree and that is true. But then again, if you read my story, me and my wife never really had anything to begin with except our phone calls etc. And she works with two jobs and our time difference is way off for us to even have enough time to talk about ourselves, the getting to know part. Then, along the way, i met this lady and we began being friends for months, getting to know part, you know?

And when my wife arrives here after months of me waiting for her, it just a sudden thought of my lady possibly be out of the picture, and all of the things we already have started will just vanish and i feared for that as well, and that is why i include in my story that the moment my wife arrives here (and i mean her first day of arrival here) i told her about the lady and tried to break up with her, but then again, she was so clingy on me that she probably felt being lost in a battle that was never there. And so, she began a war on her own, dig out my lady's name and number, snooping on my facebook's friends, etc....and texting her with "go away with my guy, i will marry him and sue you with adultery, blah blah blah" and then that's when she goes looking for my work's number and reported me.

Does anyone really read fully here that i have to repeat each line of my story? LOL.

Anyway, that's where i started feeling threatened and feared.

Probably not a good response on my side, but i don't know, it overwhelmed me that moment of time.

Seriously, even after our marriage, i felt like living with her soon will make me feel like caged up just like my dad was before.

Give me a little moment and i will dig up some of my wife's extreme threats messages just at least to give you an idea of why i feel like this thinking you were on my shoes with a current status like this prone to deportation.

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Filed: Timeline

Strike 1- you overstayed. Which is very common for millions of people living here in USA. You are not alone.

Strike 2- you are confuse and dont know what you want in your life.

Solution: Go to court and get a divorce. Cut off all the contact with all the chicks. You want to stay in US like everyone else does, nothing wrong with that.

Cool down and find a nice lady to settle down, Only if you are serious to have a family and settle down. Then hire a very good lawyer and he/she will take care of all your business. Dont freak out stay calm and cool.

Trust me you will be okay.

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Filed: IR-1/CR-1 Visa Country: Serbia
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I agree and that is true. But then again, if you read my story, me and my wife never really had anything to begin with except our phone calls etc. And she works with two jobs and our time difference is way off for us to even have enough time to talk about ourselves, the getting to know part. Then, along the way, i met this lady and we began being friends for months, getting to know part, you know?

And when my wife arrives here after months of me waiting for her, it just a sudden thought of my lady possibly be out of the picture, and all of the things we already have started will just vanish and i feared for that as well, and that is why i include in my story that the moment my wife arrives here (and i mean her first day of arrival here) i told her about the lady and tried to break up with her, but then again, she was so clingy on me that she probably felt being lost in a battle that was never there. And so, she began a war on her own, dig out my lady's name and number, snooping on my facebook's friends, etc....and texting her with "go away with my guy, i will marry him and sue you with adultery, blah blah blah" and then that's when she goes looking for my work's number and reported me.

Does anyone really read fully here that i have to repeat each line of my story? LOL.

Anyway, that's where i started feeling threatened and feared.

Probably not a good response on my side, but i don't know, it overwhelmed me that moment of time.

Seriously, even after our marriage, i felt like living with her soon will make me feel like caged up just like my dad was before.

Give me a little moment and i will dig up some of my wife's extreme threats messages just at least to give you an idea of why i feel like this thinking you were on my shoes with a current status like this prone to deportation.

I did read your story, that is the thing. You still married your wife, nobody forced you to, but now it's sound like she did. I don't buy it, sorry.

YOU put yourself in this situation. People can say what ever they want, it's how YOU act what matters.

There is nothing funny about your story that would prompted me to write LOL, but again, this is your story.

There is absolutely no need for you to dig those messages. At the end of the day YOU married her.

I guess what I am trying to get across is that decisions you have made have nothing to do with the women in yor life or your parents.

What to change things? Be proactive, not reactive.

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Filed: Timeline

No ONE CAN DEPORT YOU UNLESS YOU COMMIT CRIME. So like i say get a divorce, be extra nice to your wife like a puppy. Do not text her if you angry, threaten her, or anything like that. Do not come into law enforcement attention.

If you come into Police attention consider its your last day here in US. You will be deported.

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Filed: Citizen (apr) Country: Mexico
Timeline

~ Moved from Student & Exchange Visitor Visas to Effects of Major Family Changes on Immigration Benefits ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

If you go to California, Texas, Arizona. Millions of illegal immigrants living just fine. The only time they get deported when they commit crime.

You can stay in US for 30 more years with getting deported.

If you marry a US citizen in good faith, and get a lawyer. You will be legal.

You came to US legally on F1. Did not crossed the fence. You are fine.

Again, Again Again Again. Do not get into trouble with law.

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Filed: Timeline

If immigration start removing illegal immigrants, they have to call entire US army which they don't have the time, i have seen many people who get legal after staying here for 10 years or more. But one thing made them easy they were not in trouble with police. Some people i have seen got deported who committed even minor crimes.

Actually yes, you can be deported without committing a crime. If the school reported him as being out of status if is likely ICE went to his last know address and attempted to find him. There has been at least one story on here about an out of status student meeting ICE.

No matter what your excuses are for what you did the facts stand:

You overstayed your visa.

You have worked illegally.

You married a woman you did not love and were (and still are) cheating on for a green card.

You want to divorce and marry a second USC and obtain a green card.

There are a lot of people here illegally who have "excuses" for why the are here. The immigration judge doesn't care what your excuses are. You are out of status and need to leave. Then whichever of your women wants to petition for you she can. When you go to the interview you will know if you have a ban or not.

If you truly love your woman you will do what you must to make things legal. Seems like you are more worried about being deported than you are about the woman.

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