Hello All who can help and put some light
My friend is in situation and i would like to share he's info to see if any of you can help and suggest any good ideas..
My friend used to come in and out from the US on B1. Every time he got 3 month and left on time. after few times he was here, he met his wife and they obviously decided to get married.
The last time before he had to leave his wife (back then his girl friend) didnít want him to go back and put pressure on him to get married.
They got married on feb 4 2010. his visa was until feb 10 2010.
So he got married while he was still legal here.
He went to an attorney to start the process for GC.
*** The attorney filed his papers 3 MONTH AFTER!!!! *** he didnít know it will affect him now, but back then he said the attorney told him it is ok as he's married.
Anyway, so the receipt and all the rest of the process only start after may 25th 2010.
during the months of waiting and the process going on, he saw that his wife wasnít the same person as she was before the wedding... and he realized he donít want to stay with her and would like to get divorce and end the process for GC right away knowing he will not want to stay with his wife.
Then he got divorced and asks to withdraw his request for GC (before the interview). And 2 days after the divorce he left the US (OCT 29 2010)!
when he got divorced and left the US it was all before the interview and as mention before he asked to withdraw the reqest.
since then, 1.5 year since he left the us he did not try to get in.
The question now is - from when do they calculate the days he was "out of status" here?
How is it affecting him now?
He would like to go back and be in and out on a B1 visa. Does he have a chance to get it?
What is the best way he needs to act now in order to get it? Will he need a waver? Does he have a chance to get the waiver approved if indeed he need?
any light on the subject will be appreciated!