Would this trigger a 3year Overstay Ban?

[lakerat789]

I am a US citizen, my wife is from the UK, we were married earlier this year whilst she was over on a visa waiver and we filed for I-485 when she was still in status (I-94 had not expired). But this marriage was a huge mistake and I have filed for divorce. We are trying to keep things civil but even with a divorce like this there's issues. My question therefore is this...My wife is currently in overstay(?) (75 days from the last expiration date on the I-94), when she returns to the UK (next 2 weeks) will she be subject to the 3yr ban despite the fact that she was here in status when she filed the I-485. We have copies of the I-485 receipt and obviously the divorce petition. She has friends here and it would be a double blow if she was not able to visit them for 3 yrs because of this. Please - any information would be extremely helpful.

 

[rudoesher]

talk to a lawyers

 

[Triple Citizen]

She should leave before her overstay is more than six months in duration.

My wife is currently in overstay(?) (75 days from the last expiration date on the I-94), when she returns to the UK (next 2 weeks) will she be subject to the 3yr ban despite the fact that she was here in status when she filed the I-485.

 

[dafortycal]

First thing... Notify CIS that you are withdrawing her I-485, because of the pending divorce. Even if she had her I-485 approved, you two would have to go in for a interview at the 2 year mark. Not being together will end her stay here.

She could file for herself without you, this would be, because of you abusing her. She might make false charges against you to support her solo application. Many Americans have had their lives ruined by a alien looking for a reason to be allowed to stay. If your marriage was a hugh mistake, then who cares about her being able to see her friends or not! I'm assuming that she will have some time to remain her after her I-485 is denied, plus the 30 days to appeal.

I am a US citizen, my wife is from the UK, we were married earlier this year whilst she was over on a visa waiver and we filed for I-485 when she was still in status (I-94 had not expired). But this marriage was a huge mistake and I have filed for divorce. We are trying to keep things civil but even with a divorce like this there's issues. My question therefore is this...My wife is currently in overstay(?) (75 days from the last expiration date on the I-94), when she returns to the UK (next 2 weeks) will she be subject to the 3yr ban despite the fact that she was here in status when she filed the I-485. We have copies of the I-485 receipt and obviously the divorce petition. She has friends here and it would be a double blow if she was not able to visit them for 3 yrs because of this. Please - any information would be extremely helpful.

 

[TheRealCanadian]

First thing... Notify CIS that you are withdrawing her I-485, because of the pending divorce.

He can notify USCIS about the pending divorce, but that's about it. The I-485 is her petition.

If the I-485 was filed before the I-94 has expired, there has been no overstay and no risk of the 3-year bar.

 

[raevsky]

How soon after her entry into US did she file I-485?
Did you do simultaneous filing I-130 + I-485?

 

[dafortycal]

Without a sponsor, her application is pretty much done. No way in hell she will get her GC or the conditional resident status removed without him.

He can notify USCIS about the pending divorce, but that's about it. The I-485 is her petition.

If the I-485 was filed before the I-94 has expired, there has been no overstay and no risk of the 3-year bar.