K-1: Divorce before filing AOS

S

Sakura1

New Member
hi
it is the first time for me to post in this Forum.

I entered USA with K-1 status and got married within 90 days of my entry.
Now i have serious problem with my husband. so We start to think about the dissolution of marriage.

My I-94 is expired on Feb 2011. We haven't filed AOS yet.

My questions are;
1. Should I stay in USA until the divorce is terminated?
I am very concerned about the penalty of overstay in the future.

2. I am japanese. If i must leave here immidiately, then Is there any option for me to
stay here at least for a month because of the disaster in Japan.
I visited the USCIS website, but i can not find a option with my case...

3. Is it possible to work in USA after the divorce? or Do i have to go
back to my country once and return to USA with work visa?


Please advise me.
Thank you,
 
A1: You do not need to stay in the US until the divorce is finalised. You are already past your I-94 expiry date. Do not prolong your overstay. Once you go beyond 180 days, you are looking at long term damage.

A2: A K-1 based I-94 cannot be extended. See above.

A3: You cannot work in the US until you get a work visa or an EAD. Since you are not applying for AOS, you are not eligible for an EAD.

Sakura1 said:
1. Should I stay in USA until the divorce is terminated?
I am very concerned about the penalty of overstay in the future.

2. I am japanese. If i must leave here immidiately, then Is there any option for me to
stay here at least for a month because of the disaster in Japan.


3. Is it possible to work in USA after the divorce? or Do i have to go
back to my country once and return to USA with work visa?
Click to expand...
 
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