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somagm00

Overstaying and divorce

By somagm00 in Effects of Major Family Changes on Immigration Benefits

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Crazy Cat Grand Master

Crazy Cat   45,139

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

Divorce is only pending but not finalized. Does that make a difference?

When the divorce is finalized, it will immediately void the approved I-130.   An approved I-130 gives you no rights regarding living in the US.  A divorce will you give you no rights regarding living in the US.  Right now, you are out of status and subject to detention/deportation. Based on what you have posted, I don't see any current basis for Adjustment of Status or remaining in the US... Right now, you have a 3 year ban when you exit the country. If you are deported, you might have a tough time getting back any time in the foreseeable future, imo.  

Edited by Crazy Cat

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Boiler Grand Master

Boiler   47,804

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Filed: K-1 Visa Country: Wales
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Posted
3 hours ago, somagm00 said:

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. 

Being in Court does not stop you travelling

 

When did you last enter and how, VWP or B?

 

Immigration Lawyer for what?

“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.”

somagm00 Rookie

somagm00   0

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3 minutes ago, Boiler said:

Being in Court does not stop you travelling

 

When did you last enter and how, VWP or B?

 

Immigration Lawyer for what?

It doesn’t stop me from traveling, but I do not want to leave my kids. If I leave, I don’t know when I’ll see my 2 and 4 year old again since their father is keeping the kids here in the US. 
 

I last entered in VWP which I’ve been doing all along. I came through the border normally flying in from Europe.

Boiler Grand Master

Boiler   47,804

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Filed: K-1 Visa Country: Wales
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Posted (edited)
2 minutes ago, somagm00 said:

It doesn’t stop me from traveling, but I do not want to leave my kids. If I leave, I don’t know when I’ll see my 2 and 4 year old again since their father is keeping the kids here in the US. 
 

I last entered in VWP which I’ve been doing all along. I came through the border normally flying in from Europe.

That is something you need to speak to your Divorce Lawyer about.

 

When did you enter on the VWP less than 90 days ago?

 

What is your plan?

Edited by Boiler

“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.”

appleblossom Mentor

appleblossom   4,816

Posted
Filed: EB-1 Visa Country: United Kingdom
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Posted (edited)
41 minutes ago, somagm00 said:

It doesn’t stop me from traveling, but I do not want to leave my kids. If I leave, I don’t know when I’ll see my 2 and 4 year old again since their father is keeping the kids here in the US. 

 

You have no way to stay though. And unfortunately by overstaying you have made things so much worse, if you'd left you'd have been able to keep visiting, but now you have a ban. If you leave before you have a year's overstay then your ban is 3 years, rather than 10, so please think really carefully about overstaying beyond that date. The longer you leave it, the worst it is likely to be - particularly with the current administration.

 

Would your husband bring the children to visit you in Europe if you're waiting out a ban? Is your family court lawyer aware that you have no way of staying in the US and that the only option for the children to stay with you is for you to remove the children from the US to take them home with you? 

 

38 minutes ago, Boiler said:

When did you enter on the VWP less than 90 days ago?

 

Says above she's overstayed more than 180 days but less than a year. 

Edited by appleblossom
Lemonslice Mentor

Lemonslice   5,301

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Filed: Lift. Cond. (apr) Country: Canada
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Posted (edited)
4 hours ago, somagm00 said:

It doesn’t stop me from traveling, but I do not want to leave my kids. If I leave, I don’t know when I’ll see my 2 and 4 year old again since their father is keeping the kids here in the US. 
 

I last entered in VWP which I’ve been doing all along. I came through the border normally flying in from Europe.

What is your lawyer suggesting?  Long distance custody plans exist.   

 

The longer you stay, the longer you might be banned from entry; which would complicate your situation even more.  

 

You can also reach the diplomatic mission for your country; they might have a list of lawyers who have handled similar custody cases.  

 

Best of luck.  

Edited by Lemonslice
Ontarkie Grand Master

Ontarkie   14,999

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Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to Effects of Major Family Changes, from AOS from W, S and Tourist Visas - as a more appropriate forum.~~

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