I have to return back ... pls help

[abrazer07 0]

Hi,

i dnt know was this to be posted in off topic or here. I am sorry if I have posted it in the wrong forum.

I came here in B2 visa and married my wife and then was here for about a year. Recently thru several months we are having disagreement & mismatching regarding several respects. I am also not well adapting to the society & culture and feel very very lonely and away. We agreed with each other that I wd return home. However the main aspect is that There has been an health urgency at home which wd need me to go back at my country as fast as possible. line We have several queries ... i wd be glad if someone guides us ... I googled for these but not finding enough answers :

a) Is it necessary for both to be present, if she applies for annulment aftter I leave ? Can she apply on her own with the marriage certificate and how much wd that cost ? Wd a written statement from me, wd help ? ( I cannot be present for months and have to leave as soon as possible )

B) I have overstayed like 6 months or so.......... I know the aireline staff and airport staff just takes the I-94 and just create any problem while I am leaving............. anyone has any idea of indian POE officer ?? do they create any problem if they see I am coming back to india after an overstay in Usa ?

c) If in future we apply for K3, wd this going back & overstay create any problem ?

I wd be highly thankful for the replies ...

Thanks

[Saddle Bronc 124]

Hi,

i dnt know was this to be posted in off topic or here. I am sorry if I have posted it in the wrong forum.

I came here in B2 visa and married my wife and then was here for about a year. Recently thru several months we are having disagreement & mismatching regarding several respects. I am also not well adapting to the society & culture and feel very very lonely and away. We agreed with each other that I wd return home. However the main aspect is that There has been an health urgency at home which wd need me to go back at my country as fast as possible. line We have several queries ... i wd be glad if someone guides us ... I googled for these but not finding enough answers :

a) Is it necessary for both to be present, if she applies for annulment aftter I leave ? Can she apply on her own with the marriage certificate and how much wd that cost ? Wd a written statement from me, wd help ? ( I cannot be present for months and have to leave as soon as possible )

B) I have overstayed like 6 months or so.......... I know the aireline staff and airport staff just takes the I-94 and just create any problem while I am leaving............. anyone has any idea of indian POE officer ?? do they create any problem if they see I am coming back to india after an overstay in Usa ?

c) If in future we apply for K3, wd this going back & overstay create any problem ?

I wd be highly thankful for the replies ...

Thanks

Responding to your PM, I can only answer the second and last questions:

• (b ) I've never heard of India denying the rights of one of its citizens to reenter--especially after overstaying visa in foreign land; they may make issues about taxes, but that's a different topic (and Indian customs/immigration officers will probably be all-too-willing to let you settle that issue after entry)
• the overstay may; the fact that you returned to India will certainly not be a negative (in fact, it may help your petition)

[abrazer07 0]

Thanks so much CherryXS for the prompt reply........

i)what taxes are u talking about ? I came in B1/B2 visa and in india also i didnt used to file for taxes as i was a freelancer. Can u pls elaborate what taxes are u talking about ?

ii) what do you eaxctly mean by "and Indian customs/immigration officers will probably be all-too-willing to let you settle that issue after entry"

I wd be thankfil more your help .... Can someone also extend their knowledge about the annulment issue

Thanks

[Minya's wife 24]

a) Is it necessary for both to be present, if she applies for annulment aftter I leave ? Can she apply on her own with the marriage certificate and how much wd that cost ? Wd a written statement from me, wd help ? ( I cannot be present for months and have to leave as soon as possible )

Check with the state in which you married, as to what the requirements for separation are, but I think you'd be applying for a divorce and not an annulment. Just a small question....if you would be required to come back and be present for a divorce, how is it that you hope to re-enter the US? You abused your B-1 tourist visa by overstaying and may demonstrated immigrant intent with your marriage. Even though your B-1 visa (as stamped in your passport) may be valid, there's no guarantee that your visa hasn't been revoked or that you will be allowed to re-enter the US if and when you decide to do so.

c) If in future we apply for K3, wd this going back & overstay create any problem ?

Overstaying a previous visa is something that makes you ineligible to receive a future non-imigrant visa (which the K3 is) unless a waiver has been approved. A B-1 tourist visa overstay would make you ineligible under Section 212, Subsection H, Paragraph 2 of the Immigration and Nationality Act. (Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.)

Aliens unlawfully present in the U.S. for a period of more than 180 days but less than 1 year and who seek admission within 3 years of the date of departure or removal;

This visa ineligibility will have to be overcome with an approved waiver, before you can be issued a K3 visa.

-P

[abrazer07 0]

Thanks Minya's wife ............... i know that I may not be allowed to re-enter usa. ANd i wont do so until consulting with some good lawyer in my country. You shd know we married based on a sudden circumstance & with no intention of marriage while i entered. ANyway can some one guide me wbout whther we have to go for divorce / dissolum ent / annulment. We are married for 8 months & at Ohio. As i said i have to leave fast and have no option to stay longer due to an emergency. SO what are the options ?

[abrazer07 0]

I found this while googling

LINK

where it says "Go down to the local courthouse. Tell them your spouse disappeared. It shouldn't cost more than $100 bucks for the filing fee. Ask the clerk to point you to the divorce papers. Fill them out file it with the clerk. You may have to put an ad in the paper and provide his last known US address to give him a chance to respond. If they make you put the ad in the paper, you have to wait 30 days to make sure he doesn't respond. Usually after that, the judge will just grant the divorce on "Abandonment" grounds."

i dnt know this is true or not. Any help wd be highly appreciated.

[Saddle Bronc 124]

Responding to your PM about immigration issues, given your routing (OH->ORD->Franfurt->India).

You're correct that US Imm Officials will not be present at the departure; airline staff may ask you if you have a valid transit-visa for Germany (I don't know if one is needed, as I have never needed one--but I've also never held an Indian passport since age 18, being naturalised to Canada at that time).

Note: a friend of ours whose L-1 expired on 2009/1/30 returned to Chennai recently by going JFK->Mumbai (nonstop) on Air India, avoiding the transit-visa issues. Admittedly, such a change (to a nonstop connexion to India) can cost you extra $$ and also will mean a longer flight-time stretch...but have you looked into that?

[abrazer07 0]

I googled about the Transit visa thing.... My multientry B1 visa is ok till March,08. Now here I overstayed for 8 months.....So the " thisdate- this date " stamp by POE officer while entering US is over. So wd i need a transit visa in frankfurt ?

[Krikit 1,163]

Moving this topic from AOS to Effects of Major Family Changes forum.

[abrazer07 0]

I googled about the Transit visa thing.... My multientry B1 visa is ok till March,08. Now here I overstayed for 8 months.....So the " thisdate- this date " stamp by POE officer while entering US is over. So wd i need a transit visa in frankfurt ? or has my multientry visa already cancelled due to marriage here ?? but i dnt think i need to tell the marriage thing to the airlines staff. any idea anyone ?

[diadromous mermaid 36]

Hi,

i dnt know was this to be posted in off topic or here. I am sorry if I have posted it in the wrong forum.

I came here in B2 visa and married my wife and then was here for about a year. Recently thru several months we are having disagreement & mismatching regarding several respects. I am also not well adapting to the society & culture and feel very very lonely and away. We agreed with each other that I wd return home. However the main aspect is that There has been an health urgency at home which wd need me to go back at my country as fast as possible. line We have several queries ... i wd be glad if someone guides us ... I googled for these but not finding enough answers :

a) Is it necessary for both to be present, if she applies for annulment aftter I leave ? Can she apply on her own with the marriage certificate and how much wd that cost ? Wd a written statement from me, wd help ? ( I cannot be present for months and have to leave as soon as possible )

B) I have overstayed like 6 months or so.......... I know the aireline staff and airport staff just takes the I-94 and just create any problem while I am leaving............. anyone has any idea of indian POE officer ?? do they create any problem if they see I am coming back to india after an overstay in Usa ?

c) If in future we apply for K3, wd this going back & overstay create any problem ?

I wd be highly thankful for the replies ...

Thanks

If you have been here for 1 year but never filed for permanent residency leaving with an overstay of 180 days or more would mean that any future trips to the USA may be compromised. An overstay of 180 days triggers a 3-year bar to admission.

[Helmut & Bee 0]

Moving this topic from AOS to Effects of Major Family Changes forum.

I go through Frankfurt on a monthly basis. You will not need a transit visa to go through Frankfurt as long as you do not want to leave the international area of the airport, or connect through another EU country. All international airlines are located inside the customs area. You can just go from the arrival gate to your next departure gate. All you need is your passport, so you can get on to your plane to your country.

Good Luck,

Helmut.

[abrazer07 0]

Thanks Helmut & Bee for the perfect informations. May be i will IM you later. I wd then also counter check with the airline staff before i purchase tickets. Anyone has nay idea about Indian Immigration staff . I googled & found they have no right to look into overstay in usa...they only (by law) shd look into a valid passport for a indian citizen coming back to India.

"Even for re-entry into the country, an Indian national is required to be in possession of a valid Indian passport or travel document issued by Govt. of India" written at Bureau Of Immigration-India

But does anyone know know while we get our passport stamped after getting thru the line in India, do they ever asks for some dollars as bribe, for overstay ?? The polices at customs want $25 to be poked in their hands if you have big luggage, that I know.

Any idea from any Indian in same situation ever ?? Thanks a lot.