will I invite 3 year bar if I wait for 6 months?

[kaneha]

Was on H1b got married(due to family pressure) to a USC(my own kind) and
got separated before the interview.

We lived together for only 2 months & she took my application back.

When married I resigned and the company took my H1B also back.

Now am getting married to my long time girlfriend(also a USC) but I can not, because california divorce takes 6 month.

My question is, will I invite a 3 year bar if I stay unmarried for 6 months?
Any answers appreicated...

 

[waivering]

You need to provide more information. If the divorce is not final then I believe you are still legal. After the divorce you will need to file a I-751 waiver. You can marry your USC girlfriend but now you will have to prove that both relationships are bonafide. You won't incur a bar until you leave the country.

 

[LucyMO]

what do you mean by "she took my application back"? What did you apply for? AOS? She can't "take it back", it's a long process.

provide more details, if you want a reasonable answer. Don't leave the country -- otherwise, you may get banned depending on how long you will be illegally present.