Carou

20 minutes ago, ChibiBeckyG said:

I was 19-20  when I first looked into what I would need to do to marry my partner 10 years ago. Really no excuse for using the visitor visa for getting married and then going "lol made a mistake!" and your husband really should of cared more about your legal status, rather than rushing things in such a careless and selfish fashion. 

Thank you for your reply. I am taking responsibility for my naivity. I came to visit and we already did long distance for some time. We were so in love and happy to be together that he proposed and then we went to an immigration attorney to figure out the possibilities. He actually advised us the AOS from within the US but I was not aware of any of the harsh consequences for me back then. I should have looked into it further. After we applied things got worse all of a sudden. My homesickness kicked in and my husband changed too. Both made me depressed. Now indeed, it was my naivity to be convinced that the relationship will work out when we never lived together before.

1 hour ago, payxibka said:

It's the new uscis program, it's called "Divorce for visa" 

Why I asked is because I still want to visit my hub and friends here but thought that maybe this marriage tie would cause a red flag for a new non immigrant visa. So I'd rather would get a divorce in order to have better chances to be granted a visa and be able to see him than having a marital status.

Hi everyone,

I will first give you a short review of my case.

I entered with ESTA to visit my bf and the islands. He proposed and we married in good faith. We applied for AOS 1.5 months overstay in US. AOS is still pending as well as AP and Work permit. I'm in US under 180 days still.

Now my situation in US hit me hard and I did not expect any of this to be that difficult. After moving together we experienced some real compatibility issues which we didn't had at long distance relationship. We did counseling but it got worse. We don't know if we will make it. On top, I got really homesick, knowing my mom is getting sicker and my family is really close to me. Being isolated for so long where I live in the US I got depressed and cry a lot which takes a toll on the marriage (you would not imagine it is hard to make friends or volunteer here, I am an extrovert but I tried both unsuccessfully, my hub is an extreme introvert so he could not help me a lot). Not be able to work and not knowing what I will do here got me anxious as hell too.

I now am longing to go home before my AP is issued to safe my mental health. My AOS will be considered abandoned. First, my hub and I thought about filing CR1 from there but I don't think that I want to live permanently in the US since I got the experience now. When he retires in 3 years he wants to come live with me but you never know what will happen in the meantime. I still wish to visit the US in the future, since I got friends on the mainland and still care for my husband. 

My concern/ question now:

Will I ever be granted another tourist visa in future? If so, how long do I have to wait until it is safe to apply and be granted?

Is it smarter to get a divorce so I am more likely to get a tourist visa in future?

If I try again to work things out and then leave after 180 days but before GC, my situation will get worse right?

Any further advice on my situation?

Please help and thank you for your compassion and advice!

Hello, I have a really specific situation.

I came on Visa Waiver to US in Sept 2018, my now husband proposed unexpectedly and we got married.

I overstayed my tourist visa approx 1 month (Dec - Jan) due to sickness before I applied for adjustment of status in the US (applied Jan 2019).

I already got a Notice of action from Uscis and did fingerprints. Due to personal circumstance I wish to move back to my home country Germany and work and live there for an unknown time (my hub stays in US). I know my AOS will be considered abandoned. I will stay married and already read that I can apply for CR1 and file i824 to change from AOS to consular processing. Is this still possible even if I start working again in Germany? 

Now my other concern:

Will the 1 month overstay from Dec 2018 before applying AOS plus the waiting period from Jan 2019 until now April 2019, count against me if I leave for consular processing? 

If I wait longer and cross 180 days before leaving will I get a 3 year ban and no consular processing possible any more?

Thank you so much!