divorce from visa holder w/out AOS

[southernchic 0]

I am now officially a member of the "It just didn't work out VJ caucus".

Since my husband moved to the US a year ago on his K-3 visa, I never applied for a change in his status (AOS). Bascially, when he arrived I learned that he'd lied to me about something really important throughout our two year relationship and made things worse by telling more small lies once he was here. I tried to see if I could move past the dishonesty and other challenges, but just couldn't. I am a USC seeking the divorce against his wishes. Once its finalized he will legally have to leave the country. This I know.

My question is: If he decides to return home to Ethiopia will it help his future chances of returning to the US? I have a feeling that he won't want to leave. My thinking is that if he has a record of living in the US for a year and moving back when he was legally supposed to his chances of returning will be better in the future than if he'd never been here at all or overstayed his visa.

I know that no one can know for sure but I am very curious about others opinions/experiences. (BTW, I have no intention of applying for the AOS.)

[desert_fox 32]

His chances would be worse if he overstys any visa that he is on now, and could face a bar. Otherwise, I dont see where it would help or hinder any future chance.

[Boiler 43,597]

On what basis could he seek to return to the US?

[Lovetoteach 53]

Yes if he overstays it would be a whole new ball game

Edited July 5, 2007 by shona

[southernchic 0]

On what basis could he seek to return to the US?

I don't know what kind of visa he might seek. I know that he really wants to be here. I'm just trying to give him some friendly advice and help him see that its in his best interest to go home.

[taurean 0]

I am sorry to hear about the end of your relationship. As for your question, it seems that if he were to leave now w/o having overstayed his visa, then it would be better than actually overstaying the visa past the statutory period, and having the overstay in the files if he eventually files for another visa. This is just my opinion though.

[*JG* 2]

I am assuming the lies he told you could possibly effect an argument from him that the marriage was valid on the face of it?

I guess I am asking if he could petition to stay on his own merits somehow and if you would protest against that or not?

[Boiler 43,597]

On what basis could he seek to return to the US?

I don't know what kind of visa he might seek. I know that he really wants to be here. I'm just trying to give him some friendly advice and help him see that its in his best interest to go home.

http://britishexpats.com/wiki/Pulaski%27s_...Work_in_the_USA

Marriage would be the obvious one.

Most people do not have alternates.

[southernchic 0]

I am assuming the lies he told you could possibly effect an argument from him that the marriage was valid on the face of it?

I guess I am asking if he could petition to stay on his own merits somehow and if you would protest against that or not?

If my husband petitioned to stay here on his own I wouldn't protest it. I'm just anxious to move on with my life.

re: the validity of the relationship. I believe it was valid. i just think that there are some people who are so desperate to come to the US that they will embellish the truth to appear more compatible with their USC mates than they really are. That was my situation. He hid his religion from me until he arrived in the US. Int'l relationships are hard enough. Its too much to be with someone who's not real.

[Ta Ta 1]

So sorry to hear that Southernchic.

About his status and future visas, maybe consult an immigration attorney. If he goes home now I don't think it would

hinder him from future spousal/fiance visas, except for the failed relationship questions from a CO at an interview who will obviously see a failed marriage and wonder why before granting a second one.

Maybe with counselling things can get worked out but it sounds like your mind is made up.

Religious compatibility is my priority so I understand where you are coming from, still maybe with time and patience it would work. I am sorry.

God bless

[Aussielad 37]

so it ended between you two because of him hiding his religion from you?

[Yodrak 7]

southernchick,

You do not apply for his change of status - he does. You do have to support his application - unless he applies after the divorce is final - by sponsoring him financially with an I-864 affidavit of support.

He is supposed to leave the country when his period of authorized stay, as indicated on his I-94, expires. He can apply to extend the stay.

Yodrak

I am now officially a member of the "It just didn't work out VJ caucus".

Since my husband moved to the US a year ago on his K-3 visa, I never applied for a change in his status (AOS). Bascially, when he arrived I learned that he'd lied to me about something really important throughout our two year relationship and made things worse by telling more small lies once he was here. I tried to see if I could move past the dishonesty and other challenges, but just couldn't. I am a USC seeking the divorce against his wishes. Once its finalized he will legally have to leave the country. This I know.

My question is: If he decides to return home to Ethiopia will it help his future chances of returning to the US? I have a feeling that he won't want to leave. My thinking is that if he has a record of living in the US for a year and moving back when he was legally supposed to his chances of returning will be better in the future than if he'd never been here at all or overstayed his visa.

I know that no one can know for sure but I am very curious about others opinions/experiences. (BTW, I have no intention of applying for the AOS.)

Edited July 6, 2007 by Yodrak

[^KK^ 3]

Do you not want him to stay? I know you're divorcing but do you really want him to have to leave?

[southernchic 0]

so it ended between you two because of him hiding his religion from you?

No, it didn't end just because he hid his religion from me. But even if I did, I I would be totally and completely justified. Dishonesty is completely unacceptable ESP in a long distance, international relationship, which is why I mentioned it. There were other issues but at the end of the day I was with someone whom I could not trust.

[southernchic 0]

Do you not want him to stay? I know you're divorcing but do you really want him to have to leave?

Hi. I don't have a problem with my husband staying in the United States. If he's able to do so on his own that would be great. HOWEVER, I don't want to be financially responsible for him and do not intend to sponsor him.