nickjollynick

I really need some help and would appreciate any comments.

I am a Candian and met my wife while on a TN Visa. This was my 3rd
TN.

I fell head over heals in love and moved 600 miles to live with her,
leaving my job before the TN expired. I moved here in June 2006 and we
were married in November 06. We applied for spousal with AOS and EAD.
I received the EAD in March and our initial interview for AOS is April
30th.

I was injured Dec. 23rd, shattered my heel, and had surgery 3 weeks
later. This is when the marriage started to fall apart, although my
wife tells me that she was having second thoughts earlier, I think the
stress of this injury and the expense / care was a catalyst to the
place where we are today.

I understand that I was in an overstay, therefore I am highly
concerned about what might happen next.

We really do love each other, my wife just wants to live by herself
right now.

She has agreed to try counselling, to see if we can save our marriage.
I have a wonderful job interview tomorrow, about 2 hours away. This
job includes housing and is a temporary job as a summer camp director.
With my injury and the limited mobility I have right now, I can do
this job and they are aware of my physical limitations for the next
month or so. The job can be done by someone who is disabled, so this
is not an issue.

My hope, and it may be my only hope, is that we live apart for the
summer while attending marriage counselling and seeing if we can fix /
save our marriage. I am hoping that if she has the space she needs
right now, that we can bring our relationship back to where it was.

She has agreed to try counselling.

If between now and April 30th (our initial interview to adjust status)
we decide that it just isn't going to work out, what will happen to
me? There is no way that I would put my love at risk and ask her to
attend the interview under false pretenses.

If because I was in overstay and this is listed on my application and
we do divorce before our interview and I do attend and tell them what
happened, will this affect my ability to apply for a new TN or H1 in
the future? Will they forgive my overstay if I am upfront and honest
with them and leave the country?

I understand that if I miss that interview they will consider it
abandoned and quite likely will issue a warrant for deportation. I
don't want that to happen, I wish to be able to come back to the US in
the future.

I am totally devestated and reallly need some help.

NJ

Noorah101

Whether you will face a ban will depend on how long you will have been in overstay. When did you stop using the TN?

If you divorce before being approved for your green card, you are correct, you will no longer have a basis for staying in the USA and will be deportable. They may give you voluntary departure.

Keep in mind that if you and your wife attend the interview together, you are supposed to be in a bona-fide, ongoing marriage. Since she has agreed to counseling, and your summer job away is temporary, I see that as a positive thing for you....but I"m not the officer.

You might want to have a 1-time consultation with an immigration attorney who can describe what your options and possible outcome might be.

Sorry to hear things aren't going so well.
Rene

ian-mstm

You were out of status the day you left your TN job. It's unclear how long your overstay is... from the day you left your job until the day USCIS *accepted* your application for adjustment. If it was less than 6 months, you're on shaky ground but will probably be okay. If it was between 6 months and a year, you could be facing a 3 year ban from the US.


If you attend the interview alone, your application will be denied and you will be immediately removable from the US. If your wife attends *and* you are separated *and* you try to pull the wool over USCIS' eyes... well, that'll initiate a series of unfortunate events - possibly worse than you simply becoming removable. However, you say you won't do this, so that's good.


Unless you have already started divorce proceedings, you will not be divorced before the end of April. There's no way to tell whether or not this will affect any future TN or H1-B visa... but I'm guessing that your voluntary withdrawal from the US would speak well of your character.

Ian

Noorah101

Hi Ian,

I think the "from the day you left your job until the day USCIS accepted your application for adjustment" only works if Nick ends up having the AOS approved. If the AOS is not approved, USCIS counts the entire time from the day he left his job to the day he goes for the interview and does not get approved. That's my understanding, although of course I'm not a lawyer...

Rene

ian-mstm

I'm a bit fuzzy on whether the clock stops when the AOS package is accepted. In all other cases, "AOS pending" would seem to be a valid status. However, what you say may be entirely correct.

Ian

nickjollynick

Sounds like bottom line here is that I could quite likely be in big
doo-doo and should get my butt out of the USA before our initial
interview, unless my wife decides that she truly wishes to try and
fix / save our marriage. For all the right reasons, obviously.

NJ