Divorce - no desire to stay in the USA

[needhelp86 0]

Hi there,

I am a British male who met an American girl last year and we decided we wanted to be together, I arrived in the US on a K1 visa in August 2015 and we got married in September 2015, I applied for AOS and EAD immediately. Since we have been married it has been a rough ride, we currently live with her parents and I've been waiting for the EAD to clear for me to get work and we planned to buy a house in 2016 - unfortunately I no longer have the strength to pursue this future, for reasons you'll have to trust are enough to make me want to leave and go back home. I have no intent to stay in the US at all beyond this point and I am leaving in a few days.

My question is what trouble might I face while getting divorced if I'm in the UK and she's in the US? We haven't filed for divorce yet, but we cannot work things out, this is just the best option for everyone. We are in Illinois.

Also, am I right in thinking I can contact USCIS and have my applications cancelled without much trouble? I believe they will cancel by default anyway as I'm leaving and did not file an I-131 - it is my intention to call them regardless.

I hope this was the right place to ask,

Thanks.

[Darnell 8,478]

in a divorce case, there is a petitioner and a respondent.

in many states, on an uncontested divorce case,

a document loosely called 'waiver to appear' is filed

where the respondent waives all rights and the divorce calendar and proceedings occur without the respondent.

Do you have something similar in your state?

If yes, you might want to pursue that route - ie -

the two of you filing all of the divorce petition together,

then you get on a plane.

This pre-supposes that between the divorce petition filing and the granting of final divorce decree,

the petitioner does NOT throw any whammies into the mix that require any response from the respondent.

Now, I'm not a lawyer, and I don't play one on TV, but I help out 4 times a year for a group of veterans here in Houston. Texas laws are different, but many states do have this process available.

Find out if your state has something similar, aye? The clerk of the court's office would know, and the county in which you reside MOST LIKELY has a web site with all of the 'how to get divorced' info on it.

[Amhara 460]

I am sorry this happened to you. I agree with Darnell. Try to file your divorce petition before you leave, but if you leave before it's finalized, then you may have a few problems if the woman wants to cause problems for you. If you do leave, I believe your AOS petition will be cancelled. I think you will easily be able to cancel your AOS. You should get a new I-94 for departure and USCIS could cancel your petition automatically upon your return flight.

I am sad this process was a bad experience for you. I hope you are able to cut ties with her and USCIS smoothly to end this painful situation.

[Darnell 8,478]

immigration stuff -

it's your application to adjust status,

so if you want to withdraw it, you can, in writing via a letter sent off to USCIS in the address given in the I-797-C receipt notice. You don't have to give much details other than all of the biodata, your A#, and state the two of you are divorcing soon.

That's it !

I've never heard of a new departure I-94, and you don't need it to leave the USA.

[DEAbara 9]

Sorry to hear you have had such a rough time with all of this. It's a very difficult process to go through. It is emotionally taxing and very stressful under good conditions. It seems as though you need a good immigration lawyer. I'm in Illinois too. I don't know where in Illinois you are, but if you are in Central Illinois I would try finding someone in Champaign. If further north, try someone in Chicago. In this age of electronics, I wouldn't think there would be a problem with you going back to the UK.

[aaa2zzz 27]

In Illinois there is a process called simplified dissolution. if you have no kids and less than $10,000 in property in your joint name, you can use that procedure.

http://12.218.239.52/forms/pdf_files/CCDR0019.pdf is the form for Cook County (where Chicago is located)

Find out what county you live in. The county clerk will have a website and there they should have a "self help" section with the forms and instructions.

You do not have to do it before you leave, but if you get it done, you may not even have to show up in court. They can tell you. I am not a lawyer in Illinois so this is not legal advice.

good luck.

[needhelp86 0]

Thank you everyone for the replies. As it stands I don't think I can get any divorce papers filled before I leave. One of my concerns is that making her and her family aware of my desire to get a divorce could result in violence - I have been threatened before. I would feel much safer being back home and initiating this from there, with the form 'aaa2zzz' posted (we can meet all those criteria) and fill it out together online, then it can be printed and signed by both (send it in the mail).

Thanks again for the advice, if anyone else has anything to add I'm still open to thoughts.

[Amhara 460]

I've never heard of a new departure I-94, and you don't need it to leave the USA.

My bad. I thought when a NRA (non-resident alien) left the US, a I-94 was recorded. I read somewhere else that some people's AOS petition had problems when the USCIS thought the applicant left the country (probably due to their arriving flight leaving on a different international leg).

Why does OP need a lawyer, DEAbara?

[Meant2B 8]

So sorry things didn't work out. I'd advise making sure you see the divorce papers before leaving to ensure its accurate and not depicting any false information that can hurt you in years to come.

[Andrea&Henry 311]

I'm so sorry you are going through this, I think you case is not that complicated. When it comes to AOS you can always call the USCIS and get it cancelled or by not showing up to your interview...for the divorce case I know it changes from state to state but you have been married for less than a year, no kids and from what I read it doesnt look like you have assets together.

My husband's first marriage lasted around a year in similar conditions (except for the immigration process) and they agreed on getting divorce and it was so quick! it took them less than 4 weeks to get the divorced. Maybe you can wait and go home with no ties here.

Is really sad reading this kind of stories but I'm glad you can go home with your family and friends. As people previously said, is a very taxing and stressful process even in the best conditions. I always tell people after almost 5 years of experience with these cases, that an immigration journey can bring you even closer or tear couples apart.

I wish you the best