I got married, my husband decided to divorce me, so I left US and what to do now

[Katerina Hall 8]

Hello, I'm gonna describe my situation. I got married March 2018, sent all paperwork to USCIS in July and my husband decided to divorce me and applied for divorce in August. I went to lawyers to ask, what are my options, but after all I decided to leave US in September, because I didnt want to get in trouble. But of course we were and still are in a divorce process, I was being served the divorce papers before I left and after I got home, I decided to sign the divorce papers and send it signed through e-mail to my husband. His divorce lawyer got it and my husband told me from now it is gonna take 90 days and then we will have to sign something again. But meanwhile he withdrew an affidavit of support, so they denied my application for green card, but I still got a work permit in November to his address, where we lived. My husband sent me an e-mail, that I got a mail in his house, so I told him to send it to me to UK, where I live now, but he didn't know I left the US, because he stopped talking to me and just talked to me about the divorce papers.. anyway he first contacted me, that I got mail on his address and when he found out, that I'm overseas, he said he didn't expect he will have to send it here and it will be expensive.. that's what he texted me in December 2018, now I still didnt get my mail, I even told him to just send it to people I know in the same city he lives and they would resend it to me.. he always sent me an email, that he will send it as soon as possible, but now I'm waiting more than month for him to send me my important mail from government with the work permit. I dont know what else am I supposed to do, I know it's illegal, if he keeps my mail.. but, if I'm not in US it's hard to get the mail from him. Also my friend was in almost same situation with the divorce and leaving US, but then she went back to finish the divorce process, she said I have to be present there to finish the divorce or at least my lawyer (but I dont have any lawyer). So I would like to ask, if there is any way how to get back and just finish the divorce? Also I went to US on esta in January 2018 and then I got married on esta, so I cant apply for it again, because I got married and overstayed the ESTA at the same time and then left, so I cant apply for it anymore. I would appreciate any help or somebody, who was in the same situation. And especially, how am I supposed to get my mail from my husband..

 

Thank you!

[HonoraryCitizen 179]

You can apply for a B visa to return to the USA to attend the divorce hearing. It’s not true that you (or your attorney) have to be in court for the hearing particularly if the divorce is uncontested. With how short your marriage was, I doubt you have any assets to split.

 

Personally I thing attending the hearing is a waste of time and money. Additionally applying for a visa so soon, you have a significant burden to overcome in convincing the consular officer. You violated ESTA after all. You could even be accused of immigration fraud via immigrant intent if you got married soon after entry.

 

Regarding the work authorization why are you fixated on it? It is of no use and it will be next to impossible to retrieve it from him if he doesn’t want to give it to you. He can say he mailed it back to USCIS or lost it etc and you cannot prove he did not.

 

My advice is forget everything and move on.

Edited January 9, 2019 by HonoraryCitizen

[Roel 7,191]

Dont worry about the mail, that work permit is useless now.

I'd say you don't have any chances for B2 visa in a near future.

[Crazy Cat 39,182]

You do not have to be present in the US to finish the divorce. 

[Katerina Hall 8]

55 minutes ago, HonoraryCitizen said:

You can apply for a B visa to return to the USA to attend the divorce hearing. It’s not true that you (or your attorney) have to be in court for the hearing particularly if the divorce is uncontested. With how short your marriage was, I doubt you have any assets to split.

 

Personally I thing attending the hearing is a waste of time and money. Additionally applying for a visa so soon, you have a significant burden to overcome in convincing the consular officer. You violated ESTA after all. You could even be accused of immigration fraud via immigrant intent if you got married soon after entry.

 

Regarding the work authorization why are you fixated on it? It is of no use and it will be next to impossible to retrieve it from him if he doesn’t want to give it to you. He can say he mailed it back to USCIS or lost it etc and you cannot prove he did not.

 

My advice is forget everything and move on.

Please don’t judge, if you dont know the details.. for first I got pregnant with him and we were planning the future together, then I misscarried and it was his decision, that he decided to leave me alone and just come back to his ex. Anyway I would like to have all mail I got from them to keep for the future, if I will want to go to visit US or something, so any proof from my marriage there.. I dont want it just because I wanna go back and think I will start to work there.. definitely not. Anyway I have a proof he got the mail, he sent me an email, that he will send it to my address and even sent me a picture of it. Anyway thanks for your answer.

[HonoraryCitizen 179]

1 minute ago, Katerina Hall said:

Please don’t judge, if you dont know the details.. 

Where is a scintilla of judgment in what I posted? 🤔

[Katerina Hall 8]

39 minutes ago, Roel said:

Dont worry about the mail, that work permit is useless now.

I'd say you don't have any chances for B2 visa in a near future.

I know it’s useless.. I just want to keep anyhing that is related with my marriage there for any future visit or anything.. and anyway it’s still my mail, so I would like to have it.

[Going through 5,668]

It's possible your husband just marked the EAD mail as Return to Sender and it went back to USCIS.

[soulstriker 274]

Your claiming its not a big deal that you just want it because its yours but its not entitled to you anymore because you left the country.  you most have intent to do something with it since you keep insisting you need it so much , visiting usa at this point would have alot of scrutiny on you 

[NikLR 13,220]

The AOS was denied which means the EAD while it may have been initially approved, is actually denied as well so it's useless for you. 

 

I'm sorry you've had a hard time.  You don't need to be in the USA to finish the divorce.  You don't qualify for ESTA anymore.  

 

I hope you can move on and have a happy life. 

~~moved to effects of major family changes from USCIS service centers~~

[Katerina Hall 8]

5 minutes ago, soulstriker said:

Your claiming its not a big deal that you just want it because its yours but its not entitled to you anymore because you left the country.  you most have intent to do something with it since you keep insisting you need it so much , visiting usa at this point would have alot of scrutiny on you 

I want to keep all documents I got from government, I think it’s normal? So if there is any problem or something, so I know I have the documents... what do you think I would be able to do with it? Nothing.. 

[Kiolas 102]

Hello @Katerina Hall

I was very upset to read that your husband betrayed you and filed for divorce. 

 

First of all, I totally understand you want your document back. But I am not sure how you can get it back if he doesn't want to give it to you. If you were here, in the U.S., you could file a police report with e-mail as a proof that he has your work permit.

 

You can try to get a tourist visa but considering your particular case it may be problematic. But at least, you have a chance to try to apply for it and see what happens. 

 

In addition, you may be eligible for spousal support and to try to get something from his assets. You deserve it because he did a bad thing to you - a miscarriage. It is his fault and he has to pay for it.

[Going through 5,668]

Normal to want what's yours.  Not sure how a denied/expired EAD card would help in any sort of "problem" you may encounter in the future however.

 

At this point there's no way to prove whether your husband DID afterwards decide to mail it to you and it got lost in transit...or he mailed it back to USCIS....or he just pitched it.  Either way, less important compared to the divorce issue as the EAD is unusable.

Edited January 9, 2019 by Going through

[Kiolas 102]

@Katerina Hall I was searching for solution to your situation. Considering horrible things that your husband did to you, you may be eligible for VAWA (Violence Against Women Act) - have you heard about it?

 

You may apply for it even from another country. You can search this forum about VAWA. There is info on USCIS web-site https://www.uscis.gov/humanitarian/battered-spouse-children-parents#process

[carmel34 3,527]

If you can afford an attorney in the US, where your husband lives, (and you should have one anyway in my opinion to have a better chance of getting a better divorce outcome and hold this guy accountable), work with the attorney by email and state that in addition to some of your husband's financial assets, you want the work permit that is yours, as well as any items you left behind that are yours and not your husband's.  What state did you live in together?  This is important, because your rights in a divorce, and what you are entitled to, is different depending on state law.  So sorry this happened to you.