married to usa citizen getting a tourist visa

S

szgntpsz

New Member
Hi everyone,

I have a bit complicated situation that made me look for others opinions.

Year 2013..
I went to United States with a J1 visa by joining a work and travel program. During my stay, i met with someone and we got married in two months. Then, she got pregnant. While she was pregnant for 5 months, we decided to separated and i went back to my country.(it was a quick and bad decision)
I overstayed with my visa for 6weeks.

Now, we are still married and could not get a divorce, because our arguments the conversations is stucked and we almost never talk lately.I dont even know what is our marital status is. On the birth certificate, it doesnot write that i am the father and we never applied for greencard.

Now, i want to move on with my life and clean the bad mark on my passport.
After my graduation, i am planning to go for an internship program but i am confused about what would be better if i do, to not denied by my visa application.

Before applying for J1, i am planning to get a tourist visa and make a clean in and out ?

Does anyone has an opinion or knowledge about this?
P.S. i can provide more info if it necessary

Have a great day and thank you for the answers :)
 
You need a family (divorce) lawyer to get a divorce. You do not need to be there for it.
You can appoint one. Alternatively if you are in good terms with your wife, you both can file divorce together (might depend on the state).
This is the only way to clear your marital status and has nothing to do with visa or immigration.
It would be hard for you to get a non immigrant visa while you are married to a US Citizen.


You overstaying might not be an issue but it's a chance to take. Usually J1 are admitted as D/S you might not have accrued any illegal presence. Even you did it would not trigger any ban with 6 weeks but still it would be very hard to get another non immigrant visa from this front as well.
 
Thank you for the information.
May i ask another one?

We are gonna start divorce proceeding soon but the only way she agree on the divorce is by making me relinguish from all parental and custodial rights. My name does not written on the birth certificate and what does makes me in this situation?
She is asking a notorized paper about it. She said she will keep the paper if she need to prove that i do agree to these terms, she will have to provide the lawyer with the document.And the my visitations would solely depend on our verbal aggrement.
and since it would be hard for me to enter the States while married to a US Citizen, it looks like i have no other option.

But why it is hard to get a visa while i am married to a citizen?
 
I would be very careful here. do you want to give up your child?
If you want to get a divorce you would get it but it might be lengthily. She can't force you to do sign anything in return for a divorce. She would have the custody when baby is young and you would have to pay child support but eventually you would have a tie.
Do not sign or agree without thinking the consequences. Really you should at least consult a family lawyer first after having decided what you want with your baby and marriage. It would be well worth it as long as it's a good one.


You can apply for a tourist visa and explain all these. If divorce is going on or show them you are in that route you might get a visa. In the worst scenario you would lose your application money. I'd try this if it were me. They might even give you to see your child and also deal with divorce court but no guarantees. Your divorce lawyer might give you an overview of the situation with court dates etc and you can show it.


It's hard to get a non immigrant visa while you are married to a citizen because you can adjust your status to permanent resident once you are in the US. They want people to apply for immigrant visas from their home countries if possible.

Good luck. This is a complicated matter and please consider all your options.
 
You must log in or register to reply here.
Top