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somagm00

Overstaying and divorce

By somagm00 in Effects of Major Family Changes on Immigration Benefits

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somagm00 Rookie

somagm00   0

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Hi, I have a tricky situation and looking for anyone in similar circumstances or advice? 
 

I’m married to a USC with 2 kids. Been traveling A LOT on esta back and forth to Europe the past 3 years even if I had an approved I-130 since 2 years back. I never got denied but got a warning last week driving over Canada border. I’m worried they might have flagged my passport now. We just hired attorney to help. However, what are my chances of getting green card with my travel history and also lacking information in my I-130 application? Anyone been through anything similar? Thanks! 

Boiler Grand Master

Boiler   47,794

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Filed: K-1 Visa Country: Wales
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I 130 was approved presumably and you want to adjust?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

pushbrk Grand Master

pushbrk   13,734

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16 hours ago, somagm00 said:

Hi, I have a tricky situation and looking for anyone in similar circumstances or advice? 
 

I’m married to a USC with 2 kids. Been traveling A LOT on esta back and forth to Europe the past 3 years even if I had an approved I-130 since 2 years back. I never got denied but got a warning last week driving over Canada border. I’m worried they might have flagged my passport now. We just hired attorney to help. However, what are my chances of getting green card with my travel history and also lacking information in my I-130 application? Anyone been through anything similar? Thanks! 

I don't see this as an issue at all, in an immigrant visa case.  Good chance your ESTA privilege is dead now though.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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  • 1 year later...
somagm00 Rookie

somagm00   0

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Posted (edited)

Hi. I’m currently in a sticky situation. I’m a European citizen and marries to a US citizen, we have kids. I have been back and forth for the past 4 years on a tourist visa (basically stayed the full 90 days then back to Europe for 2 months then back to USA for 3 months). Now I’m here overstaying more than 180 days but less than a year. We are getting a divorce, my husband filed it but it’s not finalized. We’re also stuck in family court with custody which has been a mess with police involved a lot. 
 

My question is - how likely is my AOS to go through with all of this? Is it safer to leave the county and do consular processing in Europe instead? Im very worried that my kids will be here in USA and I’m deported, or won’t get a green card. I’m very stressed out about and appreciate any information. Thank you! 

Edited by somagm00
  • somagm00 changed the title to Overstaying and divorce
appleblossom Mentor

appleblossom   4,784

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Filed: EB-1 Visa Country: United Kingdom
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Posted
11 minutes ago, somagm00 said:

Hi. I’m currently in a sticky situation. I’m a European citizen and marries to a US citizen, we have kids. I have been back and forth for the past 4 years on a tourist visa (basically stayed the full 90 days then back to Europe for 2 months then back to USA for 3 months). Now I’m here overstaying more than 180 days but less than a year. We are getting a divorce, my husband filed it but it’s not finalized. We’re also stuck in family court with custody which has been a mess with police involved a lot. 
 

My question is - how likely is my AOS to go through with all of this? Is it safer to leave the county and do consular processing in Europe instead? Im very worried that my kids will be here in USA and I’m deported, or won’t get a green card. I’m very stressed out about and appreciate any information. Thank you! 

 

What exactly has been filed and when?

OldUser Grand Master

OldUser   10,332

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Posted (edited)
27 minutes ago, somagm00 said:

My question is - how likely is my AOS to go through with all of this? 

Not likely. Bonafide marriage is required to get green card through marriage unless there is clear and documented domestic violence against you.

 

Whether you adjust or try to consular process, if the marriage is over, then green card process is over and you don't get it.

 

Depending how long your overstay is, you may have 3 or 10 year bar coming back to the US 

Edited by OldUser
Crazy Cat Grand Master

Crazy Cat   45,102

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
50 minutes ago, somagm00 said:

Hi. I’m currently in a sticky situation. I’m a European citizen and marries to a US citizen, we have kids. I have been back and forth for the past 4 years on a tourist visa (basically stayed the full 90 days then back to Europe for 2 months then back to USA for 3 months). Now I’m here overstaying more than 180 days but less than a year. We are getting a divorce, my husband filed it but it’s not finalized. We’re also stuck in family court with custody which has been a mess with police involved a lot. 
 

My question is - how likely is my AOS to go through with all of this? Is it safer to leave the county and do consular processing in Europe instead? Im very worried that my kids will be here in USA and I’m deported, or won’t get a green card. I’m very stressed out about and appreciate any information. Thank you! 

This is a very serious mess right now.  I'd say your chances of detention and deportation are increasing with each day.  In addition, you don't qualify for a marriage based Green Card based on what information you have provided.  I assume you have a very good immigration and divorce attorney?  Whoever told you it was a good idea to live in the US on a tourist visa or to overstay,  gave you some seriously poor advice. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   45,102

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

****Topics merged****

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   45,102

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 minutes ago, somagm00 said:

It was approved back in 2021 so I think it has exprired by now.

I-130s don't expire if the relationship still exists.  Approved I-130s give no rights to remain in the US.  You never filed an I-485?

 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

somagm00 Rookie

somagm00   0

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Posted
32 minutes ago, Crazy Cat said:

This is a very serious mess right now.  I'd say your chances of detention and deportation are increasing with each day.  In addition, you don't qualify for a marriage based Green Card based on what information you have provided.  I assume you have a very good immigration and divorce attorney?  Whoever told you it was a good idea to live in the US on a tourist visa or to overstay,  gave you some seriously poor advice. 

We’ve been stuck in family court, that’s why I have not been able to leave and I also don’t want to leave my kids. I have a good divorce attorney but no immigration attorney-yet. 

Crazy Cat Grand Master

Crazy Cat   45,102

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
3 minutes ago, somagm00 said:

but no immigration attorney-yet. 

How do you plan to obtain a Green Card when the basis for Adjustment of Status no longer exists (after the divorce is finalized)?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

appleblossom Mentor

appleblossom   4,784

Posted
Filed: EB-1 Visa Country: United Kingdom
 Timeline
Posted
6 minutes ago, somagm00 said:

No we never filed the I-485

 

Then I'm sorry but unless you can find another route to stay (employment etc), there is no option for you to adjust now. You should leave before you reach a year of overstay, as at that point a 10 year ban will kick in - plus of course you're at risk of being deported now as you have no legal status, and it would be better to go voluntarily rather than face that. 

 

How old are your children? The eldest could petition you when s/he reaches 21.

 
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