Married with US Citizen Child Filed for Divorce AOS Denied

[Miguel Rodriguez 6]

Hello All,

 

Here are my stats.

 

Stats:

Met spouse 11 years ago

Had child 5 years ago (born in my country) naturalized in my country by my US Citizen spouse

Came to the US on a B1/B2 visa 4 years ago (still have 6 years on it and it's still valid)

Have come to the US 3 times and never violated my stays

On my 3rd trip, we got married in the US. Married now 2 yrs and 2 months

AOS letter with interview date came after I filed for a divorce

Went to the interview alone in July to obtain more time to settle my divorce (filed under Extreme Cruelty --- mental cruelty)

AOS denied due to spouse absence

Received AOS denial letter on July 19 with explanation of denial (Absence of sponsor)

 

1- I would like to know how much time I will have before I must leave the country. My divorce is still in progress and I hope it to be over by Oct.

2- Do I have a chance of still obtaining the green card being that I have my US Citizen daughter? I do not wish to use the VAWA route.

3- I know I have 33 days to request a review but I would like to go back to my country with my child instead.

4- My B1/B2 Visa expires in 6 years.

 

Any help or info would be appreciated.

 

Thank you

Edited July 21, 2018 by Miguel Rodriguez

[kzielu 1,147]

You have no chance of obtaining green card based on the fact you have US citizen daughter. 

 

Your Visa expiration is irrelevant in this case, it's important when period of stay you got when you were admitted entering US expires.

 

And be careful about going back to your country with your daughter without other parent's permission - it will be considered kindapping. 

 

[Cyberfx1024 7,978]

30 minutes ago, Miguel Rodriguez said:

Hello All,

 

Here are my stats.

 

Stats:

Met spouse 11 years ago

Had child 5 years ago (born in my country) naturalized in my country by my US Citizen spouse

Came to the US on a B1/B2 visa 4 years ago (still have 6 years on it and it's still valid)

Have come to the US 3 times and never violated my stays

On my 3rd trip, we got married in the US. Married now 2 yrs and 2 months

AOS letter with interview date came after I filed for a divorce

Went to the interview alone in July to obtain more time to settle my divorce (filed under Extreme Cruelty --- mental cruelty)

AOS denied due to spouse absence

Received AOS denial letter on July 19 with explanation of denial (Absence of sponsor)

 

1- I would like to know how much time I will have before I must leave the country. My divorce is still in progress and I hope it to be over by Oct.

2- Do I have a chance of still obtaining the green card being that I have my US Citizen daughter? I do not wish to use the VAWA route.

3- I know I have 33 days to request a review but I would like to go back to my country with my child instead.

4- My B1/B2 Visa expires in 6 years.

 

Any help or info would be appreciated.

 

Thank you

1. You need to leave the country ASAP if you do not request a review or appeal of the AOS. 

2. Your USC daughter can only petition for you if she is 21 years old. Do you have proof of VAWA to use that?

4. Your tourist visa is Jul and void at this point. It stopped being a valid tourist visa after you overstayed. So if you try to come back they won't let you in the country.

 

9 minutes ago, kzielu said:

You have no chance of obtaining green card based on the fact you have US citizen daughter. 

 

Your Visa expiration is irrelevant in this case, it's important when period of stay you got when you were admitted entering US expires.

 

And be careful about going back to your country with your daughter without other parent's permission - it will be considered kindapping. 

 

I totally forgot about that as well. 

Edited July 21, 2018 by Cyberfx1024

[EM_Vandaveer 2,370]

3 minutes ago, Cyberfx1024 said:

1. You need to leave the country ASAP if you do not request a review or appeal of the AOS. 

2. Your USC daughter can only petition for you if she is 21 years old. Do you have proof of VAWA to use that?

3. You can always refile with a divorce waiver. 

4. Your tourist visa is Jul and void at this point. It stopped being a valid tourist visa after you overstayed. So if you try to come back they won't let you in the country.

 

I totally forgot about that as well. 

No such thing as divorce waiver for AOS.

[Unlockable 7,306]

29 minutes ago, Miguel Rodriguez said:

Hello All,

 

Here are my stats.

 

Stats:

Met spouse 11 years ago

Had child 5 years ago (born in my country) naturalized in my country by my US Citizen spouse

Came to the US on a B1/B2 visa 4 years ago (still have 6 years on it and it's still valid)

Have come to the US 3 times and never violated my stays

On my 3rd trip, we got married in the US. Married now 2 yrs and 2 months

AOS letter with interview date came after I filed for a divorce

Went to the interview alone in July to obtain more time to settle my divorce (filed under Extreme Cruelty --- mental cruelty)

AOS denied due to spouse absence

Received AOS denial letter on July 19 with explanation of denial (Absence of sponsor)

 

1- I would like to know how much time I will have before I must leave the country. My divorce is still in progress and I hope it to be over by Oct.

2- Do I have a chance of still obtaining the green card being that I have my US Citizen daughter? I do not wish to use the VAWA route.

3- I know I have 33 days to request a review but I would like to go back to my country with my child instead.

4- My B1/B2 Visa expires in 6 years.

 

Any help or info would be appreciated.

 

Thank you

Your AOS was based on you being married to a US citizen. Now that you are divorce, that AOS is dead. 

Your daughter has to be over 21 years old to file AOS for you.

You mentioned VAWA; was there legitimate abuse? If not, there is no need to claim. Regardless, now that you are divorce, that ship may have already sailed.

 

It is best for you to return home. There is no other way you can obtain a green card as of now. 

Edited July 21, 2018 by NuestraUnion

[Miguel Rodriguez 6]

1 minute ago, Cyberfx1024 said:

1. You need to leave the country ASAP if you do not request a review or appeal of the AOS. 

2. Your USC daughter can only petition for you if she is 21 years old. Do you have proof of VAWA to use that?

3. You can always refile with a divorce waiver. 

4. Your tourist visa is Jul and void at this point. It stopped being a valid tourist visa after you overstayed. So if you try to come back they won't let you in the country.

 

I totally forgot about that as well. 

Ok... thank you. I will seek to refile with a divorce waiver then. I did receive full custody of my child and permission to leave with her.

I'll seek counseling provided my chances are good. If not, my spouse will have to buy my return tickets as I have no income whatsoever except for what the court just awarded me in child support and alimony. Not enough to buy my tickets.

[Miguel Rodriguez 6]

2 minutes ago, EM_Vandaveer said:

No such thing as divorce waiver for AOS.

There goes that idea then. But I must stay till September till my divorce is final.

 

Thank you.

[EM_Vandaveer 2,370]

1 minute ago, NuestraUnion said:

Your AOS was based on you being married to a US citizen. Now that you are divorce, that AOS is dead. 

Your daughter has to be over 18 years old to file AOS for you.

You mentioned VAWA; was there legitimate abuse? If not, there is no need to claim. Regardless, now that you are divorce, that ship may have already sailed.

 

It is best for you to return home. There is no other way you can obtain a green card as of now. 

Daughter needs to be 21, not 18 to file for her.

[Unlockable 7,306]

Just now, Miguel Rodriguez said:

Ok... thank you. I will seek to refile with a divorce waiver then. I did receive full custody of my child and permission to leave with her.

I'll seek counseling provided my chances are good. If not, my spouse will have to buy my return tickets as I have no income whatsoever except for what the court just awarded me in child support and alimony. Not enough to buy my tickets.

There is no divorce waiver for AOS. I think @Cyberfx1024 got it confused with ROC (removal of conditions).

Just now, EM_Vandaveer said:

Daughter needs to be 21, not 18 to file for her.

Corrected. Thanks

 

[EM_Vandaveer 2,370]

You filed your divorce claiming extreme cruelty/mental abuse.

I don't understand why you are unwilling to try the VAWA route...

[Miguel Rodriguez 6]

2 minutes ago, NuestraUnion said:

Your AOS was based on you being married to a US citizen. Now that you are divorce, that AOS is dead. 

Your daughter has to be over 21 years old to file AOS for you.

You mentioned VAWA; was there legitimate abuse? If not, there is no need to claim. Regardless, now that you are divorce, that ship may have already sailed.

 

It is best for you to return home. There is no other way you can obtain a green card as of now. 

My divorce is not yet finalized but I need to attend the next court date in August. I will try to leave after that.

 

Will I be able to return on my B2 visa?

If I meet someone new, will I be allowed to return on a K1?

 

Thank you

[EM_Vandaveer 2,370]

6 minutes ago, NuestraUnion said:

Your AOS was based on you being married to a US citizen. Now that you are divorce, that AOS is dead. 

Your daughter has to be over 21 years old to file AOS for you.

You mentioned VAWA; was there legitimate abuse? If not, there is no need to claim. Regardless, now that you are divorce, that ship may have already sailed.

 

It is best for you to return home. There is no other way you can obtain a green card as of now. 

VAWA ship has not sailed. "your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition"

[Cyberfx1024 7,978]

2 minutes ago, Miguel Rodriguez said:

My divorce is not yet finalized but I need to attend the next court date in August. I will try to leave after that.

 

Will I be able to return on my B2 visa?

If I meet someone new, will I be allowed to return on a K1?

 

Thank you

As I said before your B2 is null and void after you overstayed on it 2 years ago.

[mushroomspore 3,043]

3 minutes ago, Miguel Rodriguez said:

My divorce is not yet finalized but I need to attend the next court date in August. I will try to leave after that.

 

Will I be able to return on my B2 visa?

If I meet someone new, will I be allowed to return on a K1?

 

Thank you

You'll receive extra scrutiny on future petitions. Your B2 is dead. Why not try with VAWA???

 

Edited July 21, 2018 by mushroomspore

[Miguel Rodriguez 6]

2 minutes ago, EM_Vandaveer said:

You filed your divorce claiming extreme cruelty/mental abuse.

I don't understand why you are unwilling to try the VAWA route...

I was told it would be very expensive. I was quoted a huge sum which I can't afford. Yes, it was mental abuse but I have no way to prove it. That's why I filed for divorce. I didn't want to waste anymore time.