Katerina Hall

11 minutes ago, carmel34 said:

If you can afford an attorney in the US, where your husband lives, (and you should have one anyway in my opinion to have a better chance of getting a better divorce outcome and hold this guy accountable), work with the attorney by email and state that in addition to some of your husband's financial assets, you want the work permit that is yours, as well as any items you left behind that are yours and not your husband's.  What state did you live in together?  This is important, because your rights in a divorce, and what you are entitled to, is different depending on state law.  So sorry this happened to you.

That’s the thing I cant afford a lawyer now:(, we got married and lived in Pennsylvania, Pittsburgh. Anyway when I misscaried, I went to the hospital to do the surgery and we got a bill for 4000 dollars.. which I didnt have the money  and obviously he was working and I wasn’t, so now I dont know, what is gonna happen with that bill either.. I’m sure he didn’t pay it, especially, when it’s on my name. 

And that’s why I said either me or my lawyer should be presented at the divorce:/ but I cant afford the lawyer now.

7 minutes ago, Kiolas said:

@Katerina Hall I was searching for solution to your situation. Considering horrible things that your husband did to you, you may be eligible for VAWA (Violence Against Women Act) - have you heard about it?

 

You may apply for it even from another country. You can search this forum about VAWA. There is info on USCIS web-site https://www.uscis.gov/humanitarian/battered-spouse-children-parents#process

Thank you for your help, I will check it out

20 minutes ago, Kiolas said:

Hello @Katerina Hall

I was very upset to read that your husband betrayed you and filed for divorce. 

 

First of all, I totally understand you want your document back. But I am not sure how you can get it back if he doesn't want to give it to you. If you were here, in the U.S., you could file a police report with e-mail as a proof that he has your work permit.

 

You can try to get a tourist visa but considering your particular case it may be problematic. But at least, you have a chance to try to apply for it and see what happens. 

 

In addition, you may be eligible for spousal support and to try to get something from his assets. You deserve it because he did a bad thing to you - a miscarriage. It is his fault and he has to pay for it.

Thank you, that’s what my friend told me, if he doesn’t want to send it to me, then I should send somebody I know to his house with police and he would give it to them on my name, because he can’t keep my mail. I know it’s maybe for some people strange, that I want my mail with something, that is useless, but it’s still mine and I got like 5 letters and have no idea, what’s in it. And I dont think I have a need to argue with him over money after all.. I just want it to be done. But thank you so much!

5 minutes ago, soulstriker said:

Your claiming its not a big deal that you just want it because its yours but its not entitled to you anymore because you left the country.  you most have intent to do something with it since you keep insisting you need it so much , visiting usa at this point would have alot of scrutiny on you 

I want to keep all documents I got from government, I think it’s normal? So if there is any problem or something, so I know I have the documents... what do you think I would be able to do with it? Nothing.. 

39 minutes ago, Roel said:

Dont worry about the mail, that work permit is useless now.

I'd say you don't have any chances for B2 visa in a near future.

I know it’s useless.. I just want to keep anyhing that is related with my marriage there for any future visit or anything.. and anyway it’s still my mail, so I would like to have it.

55 minutes ago, HonoraryCitizen said:

You can apply for a B visa to return to the USA to attend the divorce hearing. It’s not true that you (or your attorney) have to be in court for the hearing particularly if the divorce is uncontested. With how short your marriage was, I doubt you have any assets to split.

 

Personally I thing attending the hearing is a waste of time and money. Additionally applying for a visa so soon, you have a significant burden to overcome in convincing the consular officer. You violated ESTA after all. You could even be accused of immigration fraud via immigrant intent if you got married soon after entry.

 

Regarding the work authorization why are you fixated on it? It is of no use and it will be next to impossible to retrieve it from him if he doesn’t want to give it to you. He can say he mailed it back to USCIS or lost it etc and you cannot prove he did not.

 

My advice is forget everything and move on.

Please don’t judge, if you dont know the details.. for first I got pregnant with him and we were planning the future together, then I misscarried and it was his decision, that he decided to leave me alone and just come back to his ex. Anyway I would like to have all mail I got from them to keep for the future, if I will want to go to visit US or something, so any proof from my marriage there.. I dont want it just because I wanna go back and think I will start to work there.. definitely not. Anyway I have a proof he got the mail, he sent me an email, that he will send it to my address and even sent me a picture of it. Anyway thanks for your answer.

Hello, I'm gonna describe my situation. I got married March 2018, sent all paperwork to USCIS in July and my husband decided to divorce me and applied for divorce in August. I went to lawyers to ask, what are my options, but after all I decided to leave US in September, because I didnt want to get in trouble. But of course we were and still are in a divorce process, I was being served the divorce papers before I left and after I got home, I decided to sign the divorce papers and send it signed through e-mail to my husband. His divorce lawyer got it and my husband told me from now it is gonna take 90 days and then we will have to sign something again. But meanwhile he withdrew an affidavit of support, so they denied my application for green card, but I still got a work permit in November to his address, where we lived. My husband sent me an e-mail, that I got a mail in his house, so I told him to send it to me to UK, where I live now, but he didn't know I left the US, because he stopped talking to me and just talked to me about the divorce papers.. anyway he first contacted me, that I got mail on his address and when he found out, that I'm overseas, he said he didn't expect he will have to send it here and it will be expensive.. that's what he texted me in December 2018, now I still didnt get my mail, I even told him to just send it to people I know in the same city he lives and they would resend it to me.. he always sent me an email, that he will send it as soon as possible, but now I'm waiting more than month for him to send me my important mail from government with the work permit. I dont know what else am I supposed to do, I know it's illegal, if he keeps my mail.. but, if I'm not in US it's hard to get the mail from him. Also my friend was in almost same situation with the divorce and leaving US, but then she went back to finish the divorce process, she said I have to be present there to finish the divorce or at least my lawyer (but I dont have any lawyer). So I would like to ask, if there is any way how to get back and just finish the divorce? Also I went to US on esta in January 2018 and then I got married on esta, so I cant apply for it again, because I got married and overstayed the ESTA at the same time and then left, so I cant apply for it anymore. I would appreciate any help or somebody, who was in the same situation. And especially, how am I supposed to get my mail from my husband..

Thank you!

31 minutes ago, Orangesapples said:

Check your i-94, you will see if they have a record of your exit. 

Yes, they do. So I guess USCIS know it. I got an email about change on my I-94, but not any notice from USCIS about change of status or about canceling the AOS.

1 minute ago, Boiler said:

They would need to be told, and then update the system.

That's why I'm asking, if I should withdraw my form I-485 or if the whole petition should be withdrawn? Because I think USCIS doesn't know, that I left.. I mean they should know it, because it should be in the system, but I don't know, if somebody has to tell them..

1 hour ago, geowrian said:

That's true for how USCIS treats the overstay...but I'm not certain if DOS does the same (re: time from filing to exit). Since she will need a visa to visit, she'll be dealing with DOS.

If she left with AP being issued then there's no issue.

I didn't get an advance parole, so unfortunately it will be difficult to get visa I guess. So DOS doesn't care, that I filed for adjustment of status? Even if I show them I got married and filed for AOS and everything, so that's why I overstayed the visa? 

5 hours ago, fs2439 said:

Also, to know if your case was withdrawn or cancelled, you can probably check your status online or call uscis to be sure 

I did look at the account at USCIS and there's no change.. it still says they accepted my fingerprints and at I-130  at next steps it says : If we accept your case, you will receive a receipt notice.  If we reject your case, we will send you an explanation with instructions.

I don't live at the address, that I put at the paperwork I filed.. so I don't know, how it works.. if they know I left or what's going on..

11 minutes ago, TM92 said:

You don't have an overstay bar. Your overstay was about 93 days, thus less than 180 days. AOS applicants don't have legal immigration status but "authorized stay" allowed by the US Attorney General. Your "authorized stay" began on the I-485 NOA1 receipt date and ended when you abandoned (left the US without AP) your AOS.

Oh ok, that’s new to me. So I shouldn’t have the 3 years bar, even though it’s gonna be really hard to get a tourist visa. Thank you

Thank you guys so much for the answers, I  appreciate your help. I know I’m not gonna be able to visit anytime soon, I just would like to come anytime in the future, even if it will be in 5 or 10 years.. which I should be able to get visa after that long time hopefully.. anyway I guess I can’t do anything about my case right now.. just maybe contact his lawyer and ask about the status of divorce.

23 minutes ago, Jorgedig said:

Are you currently still in the United States?  

Not anymore. I probably was supposed to send the letter to USCIS to withdraw I-485 and then leave.. I don’t know. Anyway I had to leave.. he said he wants me to move out of the house we lived together.. it was just on his name and I had nowhere else to move, so I thought it was best to go back home.. I thought I wasn’t able to rent anything on my own, when I didn’t have SSN and other documents, that shows I was there legally..

35 minutes ago, shatay said:

Well, you decided to leave the country if you have stayed you could have better your chances by seeing a lawyer to help you out any  number to reach u

 

I've actually seen a lawyer and they told me I have a chance to get a permanent residency, if I give immigration enough proof, that it was a real marriage.. which it was and we had pictures together, I was pregnant and some more.. but I was scared it still wouldn't be enough for them and the divorce was an obstacle as well and I didn't want to get to deportation proceeding.. that's why I better left on my own

10 minutes ago, NuestraUnion said:

You can do a search in the county clerks office of the county he filed the divorce in. But you would have to know when and where he filed.

 

The easiest solution is to agree to the divorce and sign the papers. That way you would be in the loop. That is, if you are able to get in touch with him.

 

Unfortunately, you are at the disadvantage. You have to use your resources in order to find out the status of your relationship. He could take his sweet time to complete the divorce. 

 

Another option is for you to file for divorce yourself. 

He applied for a divorce already, so I guess now it's up to him, if he is gonna take it to the end. 

Thank you so much for your answer!:)

Can I ask you about the immigration side.. as you said the AOS deemed abandoned, so it means I don't have to do anything about it? Even if my husband is not gonna withdraw the petition, so nothing is gonna happen, because it was cancelled automatically once I left the US? I heard, that even if you leave, they are still processing it and if we won't come to the interview, so it will be denied automatically and then I will have a problem with USCIS, if I will try to get visa anytime in the future?

2 minutes ago, NuestraUnion said:

Sorry to hear about your plight.

 

• To answer your questions, your AOS is deemed abandoned once you left the country. 
• It is possible for you to get a visitor visa in the future. However, you will have to show strong ties to your home country.
• Divorce, and how long it will take, is outside the scope of immigration. Technically, your husband can continue with the divorce without you being here in the country. And without you signing the papers. You signing the papers would have just made it easier.

Not much you can do as of now. You can attempt to apply for a tourist visa. But they will know you attempted to AOS before. This is why I say you must have substantial evidence of strong ties to your home country. Otherwise, the CO will think you are trying to do it again. That is, unless enough time has passed.

 

I know, he can divorce me even without me being there, I just would like to know, how I can find out the divorce is done.. since he doesn't talk to me at all. I just need some evidence, some documents, that I'm divorced, because maybe I will need it in the future, if I will want to marry again. So I would like to ask, where I will find such documents? Or if his lawyer will send it to my email or?

I would like to visit US in the future, so I just don't want any misunderstanding with USCIS.. I read once you leave the country, while pending AOS, so send them a letter to withdraw the I-485 anyway, just to make them sure I applied for withdrawing. So I don't know, if it matters.

Hi everyone,

I got a big issue. I came to US in January this year on ESTA, I met my recent husband, I got pregnant and we got married before my ESTA expired. We applied for AOS after like 93 days after my ESTA expired. Everything was really fast, but we had a nice relationship and it was real marriage.. After 3 months of pregnancy I miscarried and our relationship got worse after that experience. We had few arguments, but it wasn't anything bad, it was like everybody usually have some disagreements in relationship. But my husband he started to be different, I think he married me, because I got pregnant and he wanted to start a family and we were so excited to have a baby together and he cared about me a lot and I did about him as well. But since we found out that I miscarried, so he started to be different and didn't show me that much care like before. After a while he left and went to his ex and applied for divorce, I was shocked and tried to talk to him about everything, but he was decided to divorce me. I went to a lawyer, but she told me since he applied for a divorce I have no chance, how to stay in US. Because AOS was in process and I didnt get work permit or even interview wasn't scheduled yet. So I stayed in the house we lived together and then I decided I better leave the country, before USCIS will decide to deport me and because it was gonna be 6 months, that I would overstay the ESTA, so I wanted to leave before it was 6 months overstay, which means I should still be able to get visa in the future. I was served the divorce papers before I left, but I didnt sign them. Then I just left the country and now I don't know, what to do, because my husband doesn't talk to me and blocked me everywhere. I read he would have to withdraw the petition before it will be denied and I would have even more problem to visit US again.

I would like to ask, if I can just withdraw my form I-485? I heard, if the petition will be denied, so I will have a problem to get a visa in the future after all that my experience. And also how I will get the final divorce papers, if he doesn't talk to me at all and I'm not in the US anymore? Because in the future I will definitely need them. And want to ask, if I ever will be able to visit US again? I know I will have to apply for other visa than ESTA, but if there's a chance I will be able to go there  again? And also how long is the divorce gonna take, if I didnt sign the divorce papers and I'm not in US anymore?

I would appreciate any answer, because I have no idea, what to do now and don't have money for a lawyer right now. And I think I have to do something immediately, so I'm not gonna get into more trouble.

Is or was anybody in the same situation? Thank you