fifthnormal

Gender plays no role in this. Only my desire to erase the past as best as I can and move on with my life.

I'm actually not sure if I need a new F-1 visa because my I-94 is stamped D/S. I might just need to present my current visa and get a new stamp once I present them my I-20. Maybe they won't ask at the consulate why my SEVIS record was terminated?

I have a new I-20 from my school. I will be going to the US Consulate in my country and getting a new F-1 Visa. My DSO said that I will be sacrificing any accrued OPT time and it will be essentially the same as entering as a new F-1 student. I was warned that I would be subject to secondary inspection because I had a SEVIS record terminated in the past.

The DSO said that I'd likely be readmitted since I had no violation of status before this one, and I've only been out of status for a few months.

I'm trying to be realistic. If I put "married" on my forms, I don't think it's likely that they will ask if I'm married to a USC. If I put "single," I don't think that they have access to the entire marriage records for the country. Besides, I've only been married about six months.

I just want to resume my studies and get on with my life.

What if I were not to report my marriage to USCIS? How would they know I'm married? Maybe it's best to leave my marriage out of the discussion as most of you say that I will not get a new F-1. I've been told by the DSO at my school that travel and re-entry is my best bet and that I will very likely be let back in. The only hitch is going through secondary inspection at the port of entry.

I literally CANNOT divorce. My state does not recognize same sex marriage and I cannot file in his state. Most states will marry people but you cannot get a divorce unless you live there. So moving on now is possible mentally but I can't divorce right now. When I can, I intend to try for an annulment based on fraud.

My wife treated me very cruelly during our marriage. She threatened not to file paperwork for me on numerical occasions. We had one big fight and that's when she threw me out.

What is "in the realm of possibility?" Everyone here has said that going back to my country is a very bad idea because I will not get s new F-1.

I cannot. I do not have residency in any state to be able to file. Most states are six months minimum.

I think she won't get a divorce right now because she wants to see me punished for leaving her. She wants to wait until I'm gone to divorce so it is too late for me. I will admit that I badly want to stay here, but I won't lie to do it.

You're right. But from what you said, so is my likelihood of getting a new F-1.

Because you were telling me that I'm not going to be able to get back in on student credentials.

She wouldn't, I don't think.

Yeah, it's not going to happen. I'm needing to just return and see if I can get my F-1 again. That's all I can do.

What if we were to get back together? I'm thinking a long shot, but who knows?

Zombie - if I get my F-1 renewed, I can easily afford it because I have funding from my department. it's just that if I do reinstatement I can't work until it is decided. I hope I get back in.

I think I'm going just have to take my chances and return. I really have no other viable options. If I do get stuck there, could my wife get me back in any way?

I thought of that. But I have to take a full load (12 hours as opposed to 9 for graduate studies), and with international tuition rates, it's still about $5000. I don't have that.

Unfortunately, I cannot file for divorce. It's just not an option right now. And there is no way she will file my papers. We are pretty much estranged now. Reinstatement will just not work because I don't have enough money for tuition AND living expenses during that time. In fact, I am pretty much broke. My parents can help a little bit, but not enough to pay international student tuition for a semester plus living and room/board. So that's out.

We are still married and unlikely to get a divorce any time soon due to complications that I won't get into here. I agree that reinstatement is less risky, but I cannot afford the tuition because I am not allowed to work during the reinstatement process. Really, I think the only option is to go back to my country and see if I can get a new F-1, which the consensus is that it is not likely.

And I am not a troll. I appreciate all the input that's been given here thus far. It has been enlightening.

I am not over 180 days - it's about 90 days actually. I'm Returning this month to reapply for F-1.

No, my wife refused to file a change of status for me because our marriage ended before we could file all the paperwork. So I never filed that and I'm an out of status F-1. I went out of status in August, but we stayed together until October, and now I'm trying to go back to school because our marriage didn't work.

I cannot file for change of status because my wife will not sponsor me, right?

Unfortunately, I don't really have a lawyer. I just consulted with the immigration office at my school and briefly with their experts there. I cannot afford an immigration lawyer this time.

I don't know that I can prove it. My parents live in my home country and have property there. I have a bank account there. But from what I'm hearing, my marriage to a USC is going to be a deal breaker.

From what I'm seeing here, my case appears to be nearly hopeless.

I know that I have only one choice. My question is to know what my likelihood of successfully getting an F-1 in this way. Is this avenue likely to fail?

Yes. See my edited post above.