Married with US Citizen Child Filed for Divorce AOS Denied

[Miguel Rodriguez 6]

1 minute ago, Cyberfx1024 said:

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

Oh, ok. Thank you.

 

Do I not have 180 days to leave before I begin to be barred?

[mushroomspore 3,043]

2 minutes ago, Miguel Rodriguez said:

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.

Quoted by whom? Have you done any research into the process yourself? You can file by yourself under VAWA and the filing fee is waived for abused spouses and parents of US citizens, according to the USCIS page for I-360 (form for VAWA applicants).

[EM_Vandaveer 2,370]

OP, if I were you I'd take a look at the VAWA thread here:

 

Mental abuse can be proven by getting a psychological evaluation as well as writing a letter explaining the abuse (you need both). You don't need to use a lawyer to file I-360. The filing fee can be waived if you have low/no income.

You should tell your story on that thread. User sandranj gives great advice there & she is an attorney, very experienced when it comes to VAWA.

Edited July 22, 2018 by EM_Vandaveer

[Miguel Rodriguez 6]

Thank you. I will definitely then look into this option. With this new information, it's worth a try since I'm already here.

[kzielu 1,147]

52 minutes ago, Miguel Rodriguez said:

Oh, ok. Thank you.

 

Do I not have 180 days to leave before I begin to be barred?

180 days from the time your authorized stay expired. You are way beyond 180 days from that time based on what your wrote.

[TM92 527]

22 minutes ago, kzielu said:

180 days from the time your authorized stay expired. You are way beyond 180 days from that time based on what your wrote.

How does authorized stay allowed by the US Attorney General for AOS work? OP's AOS was just recently denied.

[TM92 527]

2 hours ago, Miguel Rodriguez said:

Thank you. I will definitely then look into this option. With this new information, it's worth a try since I'm already here.

Here is a VAWA Checklist from Avvo, https://www.avvo.com/legal-guides/ugc/requirements-checklist-for-vawa-self-petitions. Also this tip is important:

Quote

1. Don’t worry if you don’t have all the documents in the checklist above. The list provides ideas on how to prove the required elements, and it is not necessary to gather every piece of evidence suggested to have your petition approved.

[Diane and Chris 651]

If I had full custody and permission to leave, I would be on the next plane out!  You’re lucky in that regard. Best of luck to you and your daughter. 

[TNJ17 1,329]

Your aos is dead and you need to leave the country ASAP. Nothing that you do can change that outcome. The divorce waiver route isn’t available to you because you’re still at aos stage. How long ago did you get married? You should have applied for aos right after your wedding. Now it’s too late. Your US citizen daughter is no good to you until she is 21 and can petition for you. Your tourist visa is long gone even if the date on it says it’s still valid. You said you came here on it 4 years ago. Well, you’re not allowed a 4 year stay. The first day you overstayed, which I’m assuming here would have been somewhere between 90-180 days if you’re lucky, is long gone too. So you can forget about that tourist visa or any non-immigrant visa to be honest. You overstayed for a long time so the minute you leave the country you will trick a 10 year ban. Even with a lawyer I don’t see you getting good news at all until your daughter reaches 21, comes back to the US and shows proof of restablishing residency back here to petition for you. This will take a long time and cost you a lot of money so be prepared. 

[TM92 527]

31 minutes ago, Diane and Chris said:

I would be on the next plane out!

OP did mention lack of personal funds for the plane tickets (but also referred to the possibility of the spouse buying them).

10 minutes ago, TNJ17 said:

Your aos is dead and you need to leave the country ASAP. Nothing that you do can change that outcome.

Other users have stated that VAWA is still a possible option (and it's also mentioned in a VJ Guide: http://www.visajourney.com/content/family-status-immigration-c).

Edited July 22, 2018 by TM92
referred

[TM92 527]

16 minutes ago, TNJ17 said:

You said you came here on it 4 years ago. Well, you’re not allowed a 4 year stay. The first day you overstayed, which I’m assuming here would have been somewhere between 90-180 days if you’re lucky, is long gone too.

OP's first post was not clearly worded, so I interpreted it differently:

• First B2 visit was 4 years ago and left the US
• No overstay on first 2 visits
• During 3rd B2 visit OP married and filed AOS (OP didn't provide specific things like date of POE, max stay allowed by CBP, and date of AOS filing)

@Miguel Rodriguez You could provide more specific details for clarification.

34 minutes ago, TNJ17 said:

So you can forget about that tourist visa

I think most can agree that the tourist visa is no longer valid.

[Miguel Rodriguez 6]

1 hour ago, TNJ17 said:

Your aos is dead and you need to leave the country ASAP. Nothing that you do can change that outcome. The divorce waiver route isn’t available to you because you’re still at aos stage. How long ago did you get married? You should have applied for aos right after your wedding. Now it’s too late. Your US citizen daughter is no good to you until she is 21 and can petition for you. Your tourist visa is long gone even if the date on it says it’s still valid. You said you came here on it 4 years ago. Well, you’re not allowed a 4 year stay. The first day you overstayed, which I’m assuming here would have been somewhere between 90-180 days if you’re lucky, is long gone too. So you can forget about that tourist visa or any non-immigrant visa to be honest. You overstayed for a long time so the minute you leave the country you will trick a 10 year ban. Even with a lawyer I don’t see you getting good news at all until your daughter reaches 21, comes back to the US and shows proof of restablishing residency back here to petition for you. This will take a long time and cost you a lot of money so be prepared. 

No, my first trip into the USA was for 3 months 4 years ago, the second was for 6 months about 3 years ago, which was when we got married 2.2 years ago and this is my third in which my spouse made the AOS I-485. But just before the interview, I filed for divorce. Now I went to the interview just to ensure them I was still around and in the process of the divorce. But I'm now required to remain until at least my mediation.

[Miguel Rodriguez 6]

2 hours ago, TM92 said:

Here is a VAWA Checklist from Avvo, https://www.avvo.com/legal-guides/ugc/requirements-checklist-for-vawa-self-petitions. Also this tip is important:

Yes, I will definitely look into this then. I will attempt the VAWA as I have nothing to lose and I'm sure I'll qualify for assistance.

 

Thank you all

[Miguel Rodriguez 6]

1 hour ago, TM92 said:

OP did mention lack of personal funds for the plane tickets (but also referred to the possibility of the spouse buying them).

Other users have stated that VAWA is still a possible option (and it's also mentioned in a VJ Guide: http://www.visajourney.com/content/family-status-immigration-c).

Yes, I hope my spouse will buy the tickets as they will be my only way out. My spouse was my sponsor so she should be liable for me and the child. She brought us here.

[Miguel Rodriguez 6]

4 hours ago, EM_Vandaveer said:

OP, if I were you I'd take a look at the VAWA thread here:

 

Mental abuse can be proven by getting a psychological evaluation as well as writing a letter explaining the abuse (you need both). You don't need to use a lawyer to file I-360. The filing fee can be waived if you have low/no income.

You should tell your story on that thread. User sandranj gives great advice there & she is an attorney, very experienced when it comes to VAWA.

Great info. Thank you. I will contact her.