Difficult Situation

C

charles1

Registered Users (C)
I got married 4 months a go, and sent all forms a month later, in the meantime, my marrige is not going well, and we might decide to get divorce.

2 questions.

1. after i get divorced, do I require to leave the country immediately? even tho i have a work permit and SS, that is valid?

2. I have received an offer for E-1 visa throught a company that is approved for E-1, i don't know if it make sense to go to my own country and apply for that visa?

i need some really good advices here please, or a good lawyer that someone can recommend?

Thanks

Charles
 
Dont get emotional. Try to ammend your relations. Give a little time to yourself to come back to normal.
If the situation is so bad let me know where do you reside. I can recommend lawyer to you or you can go to lawyer directory to find it out.
But always see divorce as a last resort.

Good Luck.
 
thanks for your reply

I am emotional because this is really important for my future, I am sure you all can understand that, I am just trying to think a step ahead and understand what will happen if we do get to the worse, and decide to get divorce, I need to know my options at this case, any advice is appreciated very much.
 
charles1 said:
I got married 4 months a go, and sent all forms a month later, in the meantime, my marrige is not going well, and we might decide to get divorce.

2 questions.

1. after i get divorced, do I require to leave the country immediately? even tho i have a work permit and SS, that is valid?

2. I have received an offer for E-1 visa throught a company that is approved for E-1, i don't know if it make sense to go to my own country and apply for that visa?

i need some really good advices here please, or a good lawyer that someone can recommend?

Thanks

Charles
Click to expand...
you did not mention what status you are in now ?
 
Well

we sent all paper work , i-130, i-131, 485, i was never stayed more then my visa allowed me, i got here under the visa waiver, what status does it make me, in a process of change of status i guess no?
 
You are under authorized period of stay by Attorney General based on I-485 pending.

You probably need to at least withdraw immigration petition before filing E visa since E is not allowed dual intent. If DOS comes to know you are under I485 pending, it is very likely E visa is not granted.
In your case, if you apply for E visa, I think stamping is a must as change of status is very difficult to be approved because,
1. if you apply for E visa with change of status after I485 withdrawal, you are not under authorized stay, therefore, you are not eligible to COS.
2. Change of status is for between non-immigrant status' that I485 is not.
 
There is no form to use for I485 withdrawal. You need to write letter to USCIS with I-485 receipt copy.

You need to have stamp before being on E status and reenter the US with that stamp.(if you are VERY lucky, you may get E status without stamping, but chance is very narrow as I said in my last post).
 
i understand

another question, or maybe i should write a new thread for that, my wife does not make the required amount for affidavit of support, we sent all papers excluding affidavit of support. are we going to be called for interview even tho we did not send it, or they will not call us for interview until we send it?

thanks
 
dual intent - what i read on the internet

Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status


does it mean i can be on both 485 and E ?
 
I think it means that if you apply for the E visa category, you can be approved for that visa.
But like someone else wrote here...try to amend the differences with your spouse.
Is there any chance you can avoid divorce?
 
if divorce is unavoidable and it would happen soon...then I guess you should give up on the AOS process...cause remember even if you get the GC..you still have to remove the conditonal status in 2 years and still be maried.
I'd remove the petition...and work towards getting the E-visa. I am not sure if you'd have to leave the country to get that visa.
 
machelon said:
if divorce is unavoidable and it would happen soon...then I guess you should give up on the AOS process...cause remember even if you get the GC..you still have to remove the conditonal status in 2 years and still be maried..
Click to expand...

It is true you are supposed to file jointly to remove conditions in 2 yrs, however, there are many cases where divorce has occured after the conditional GC was issued and the immigrant was allowed to stay. The immigrant still has to show that there was no fraudulent intent and that the marriage was bona fide, but the immigrant is not held accountable if (through no fault of his/her own) the marriage ended. I've read quite a few articles on this recently. If a marriage can be salvaged until the first GC is issued, it is possible to stay if enough joint proofs exist. I'm not saying this is a good idea - its risky, at best.

The other thing to consider is that even in the case of divorce (after conditional GC is issued) the Sponsor/Spouse is STILL held accountable to the Affadavit of Support. And that is a responsibility many people won't accept, especially if the marriage is 'going south', so to speak.

Best of luck to you and hope things work out.
 
charles1 said:
Under the Dual Intent Doctrine, some nonimmigrants are allowed to enter and/or remain in the U.S. temporarily with a nonimmigrant visa even though they have expressed a long term intent to remain permanently. Presently, only E, H-1 and L category visa holders are allowed to remain nonimmigrants while simultaneously pursuing permanent resident status. Other nonimmigrant visa holders may be denied extensions or re-issuance of a nonimmigrant visa if they appear to have a dual intent of coming to the U.S. temporarily while pursuing permanent resident status


does it mean i can be on both 485 and E ?
Click to expand...
Though H1 and L1 is dual intent, E is not. However, E status is almost like LPR status because it can be extended indefinitely unlike other type of visas which have limitation in stay.
It is not 100 % that E visa will get denied after AOS, but chance of denial is quite high.

I just quickly search online and got this in the 1st place.
I believe why it says E is exception is because you can stay in the US with E status as if you have LPR status simply by extending every year. So, it's almost like immigrating with E visa.
It says E status is precluded to adjust to immigrant status, but in reality, a lot of people got GC through E status. The reason why it is difficult is since E status can be extended indefinitely, you may need reaon why you need LPR status.
http://www.gands.com/GNSGateKeeper/StaticPages/Stat_US_E.htm

It might be good idea to go to E visa section, and ask how many got E visa extension after AOS.
 
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