My Husband is divorcing me before my AOS interview what documents should I bring when exciting the US

[receev0926 3]

My Husband is divorcing me before my AOS interview which is on March 16 what documents should I bring when exciting the US? Will immigration ask me why I'm leaving and ask for documents? 

 

My husband wants me to go home in the philippines asap. He is already filling divorce and wants me to leave the US before the AOS interview. 

[Boiler 43,720]

They do not care why you are leaving, passport and a ticket is all you need.

 

Do you have an agreement for the Divorce Documentation to be sent to you?

[SalishSea 16,884]

13 minutes ago, receev0926 said:

My Husband is divorcing me before my AOS interview which is on March 16 what documents should I bring when exciting the US? Will immigration ask me why I'm leaving and ask for documents? 

 

My husband wants me to go home in the philippines asap. He is already filling divorce and wants me to leave the US before the AOS interview. 

Sorry to hear things didn't work out.  Immigration will not ask why you're leaving.  

[receev0926 3]

6 minutes ago, Boiler said:

They do not care why you are leaving, passport and a ticket is all you need.

 

Do you have an agreement for the Divorce Documentation to be sent to you?

We are waiting for the last paper to be sent by the paralegal. But he said if it doesn't come this week he'll mail it to me to sign. 

[Sparkle Sparkle 913]

He cannot force you to leave the US, and you can leave his home find somewhere to stay as long as your i94 has not expired... You can get all the documents from divorce yourself before you go home... And who know he might change his mind... Good luck.

[Lil bear 3,842]

11 minutes ago, Sparkle Sparkle said:

He cannot force you to leave the US, and you can leave his home find somewhere to stay as long as your i94 has not expired... You can get all the documents from divorce yourself before you go home... And who know he might change his mind... Good luck.

The I 94 expiry date is irrelevant here .. it was tied to the entry using the K1 visa and was valid for 90 days 

Note that failing to complete the AOS process and leaving the country will then make all your days in the US after the 90 period as overstay. This will impact applications for any tourist visas or a second K1.  , and may incur a ban ( depends on how long the overstay was ) 

You should leave before the interview date. 

Edited March 3, 2020 by Lil bear

[receev0926 3]

6 minutes ago, Lil bear said:

The I 94 expiry date is irrelevant here .. it was tied to the entry using the K1 visa and was valid for 90 days 

Note that failing to complete the AOS process and leaving the country will then make all your days in the US after the 90 period as overstay. This will impact applications for any tourist visas or a second K1.  , and may incur a ban ( depends on how long the overstay was ) 

You should leave before the interview date. 

My last step for AOS will be my interview on March 16, which I'll be needing my husband but he doesn't wanna go. And he wants me to go before my interview. Do you mean That i should or my husband should email the USCIS that we will cancel the application? Does it mean that if I apply tourist visa in the future it will possibly denied? 

[Boiler 43,720]

The normal route is for him to withdraw the I 864 which kills everything.

[Lil bear 3,842]

11 minutes ago, receev0926 said:

My last step for AOS will be my interview on March 16, which I'll be needing my husband but he doesn't wanna go. And he wants me to go before my interview. Do you mean That i should or my husband should email the USCIS that we will cancel the application? Does it mean that if I apply tourist visa in the future it will possibly denied? 

Overstay can  be an issue 

for a tourist visa yes. Also you have already indicated immigrant intent through a K1 visa , so

the evidence needed to overcome this at a future tourist visa application would be higher. But you have no legal way of staying in the US without the AOS.. so the consequences are part of the process .. and the benefit is that you are released from a marriage that doesn’t sound like it will survive 

Im sure this isn’t how you want it to be .. I’m sorry that your journey is ending like this .. I wish you well .. I hope going home is good. 

Edited March 3, 2020 by Lil bear

[Boiler 43,720]

I assume you have been here more than 90 days. How long by the time you leave.

[African Zealot 1,453]

11 hours ago, receev0926 said:

My Husband is divorcing me before my AOS interview which is on March 16 what documents should I bring when exciting the US? Will immigration ask me why I'm leaving and ask for documents? 

 

My husband wants me to go home in the Philippines asap. He is already filling divorce and wants me to leave the US before the AOS interview. 

Although he has no control over when you leave the USA, he probably can notify immigration to get you removed. You are allowed to stay legally until your I-94 expires, although I suspect it has either expired or close to expiry.

 

In your case since you have filed an adjustment of status, you do not start to accrue illegal presence until after the expiration of the period of stay authorized by the Secretary of Homeland Security which for you is the date USCIS rejects your application. That will naturally be your interview date.

 

This is what I despise about some Americans who treat foreign spouses worse than cattle. I love, you and marry you and you move here. The next morning well I don't love you anymore, get the hell out of my house and my country. Of course there are two, usually three sides to every story.

 

In any case typically immigration do not care that you are leaving (they are likely happy) unless you have committed a serious felony and are a fugitive in which case law enforcement will be the one looking for you. 

 

All the best and keep your head up. Night does not last forever, day breaks and light appears although it may not seem so now.

Edited March 3, 2020 by Ray.Bonaquist

[jaysaldi 209]

>My husband wants me to go home in the philippines asap.

 

The question should be whether you want to go home to the Philippines.  You could file for divorce and demand immediate  financial support payments.

[Boiler 43,720]

1 minute ago, jaysaldi said:

>My husband wants me to go home in the philippines asap.

 

The question should be whether you want to go home to the Philippines.  You could file for divorce and demand immediate  financial support payments.

Most unlikely with such a short marriage and she has no status.

[Nat&Amy 623]

2 minutes ago, jaysaldi said:

The question should be whether you want to go home to the Philippines. 

If the husband pulls off the i864, the AoS will be denied and OP will accrue illegal presence. So it's not exactly "whether you want to go home" - given the circumstances, OP needs to go home, preferably before the interview, to prevent even more damage to her Immigration history.

[geowrian 22,336]

It's impossible to say anything with certainty w/o a timeline, but given the average wait for an AOS interview to be around a year or so, the I-94 has likely long expired.

As noted, unlawful presence does not accrue while the I-485 is pending. So if the I-485 was filed within < 180 days after the original 90 days from entry, there will be no ban if you leave before the I-485 is denied.

Getting an NIV in the near future is highly unlikely.

 

You should not have any trouble leaving the US.