cowtowntaff

Ok so I am in the USA on an O3. The wife and I grew apart, me not being able to work on an O3 was a big factor.

Anyway, this is not about a sob story. It's about my options. We were room mates for a while and I almost found a job, only for the H1Bs to run out just as my prospective employer was about to petition.

Went back home for Christmas and moved into a shared apartment with friends when I got back. The wife is serving me for a divorce at the end of the month because she wants to move on.

Will I lose my O3 status when served divorce papers or when a divorce is granted. Or am I already out of status if we are not sharing a marital home? In a nutshell. When will I have to leave the USA?

I have another potential job but it it is dependent on qualifying for a J1. The job is seasonal, directing the video department at a Pro Soccer team, from March to November. Could I qualify as a specialist for a J1? I have a track record of sports media production.

Lastly, I have met an American girl since my relationship with the wife broke down. She is happy to explore the possibility of a K visa with me. But at first glance this process seems long and expensive but the best option long term. This part of the saga I am expecting some flak from the usual suspects over but in a few short months the two of us have been through a lot together. It would probably be a K3 deal of us being engaged.

I like it here and don't want to leave but I really have few options. This place has been great for advice so far so here's hoping..,

ian-mstm

Your O-3 status will expire the day your divorce is final.


I don't believe sharing a home is a requirement for you to maintain your dependent status... but that seems to be a matter of some conjecture.


Well, you'll need to be divorced first... and you'll need to be outside the US.

Ian

Noorah101

Nothing can be done immigration-wise with your American girlfriend until your divorce is completely final. After that, you guys can either do a K-1 fiance visa, or get married first and do a CR-1 Immigrant Visa. Never mind a K-3 visa, it no longer serves the purpose it was intended for and is an obsolete visa.

If you are inside the USA when your divorce becomes final, you might have another option, but would be best to consult with an immigration attorney to discuss that option (adjusting status to permenent resident via marriage to your USC girlfriend).

To be honest, the K-1 visa that you mentioned is not very long, and the cost is typical of a marriage-based visa. Takes about 8 months or so to process, and costs around $2,500 (including your AOS after you arrive in the USA).

Rene

cowtowntaff

Thanks folks. This is a good starting point for me.

Eric S

If you decide to pursue the marriage route, be sure to check out the Marriage Based Visas forum on here for information and questions about that.

- Eric S.

cowtowntaff

OK so I don't think I want to rush in to a marriage for a visa. But I do want to stay here.

J-1 won't work because it seems that employers need to be registered on the scheme.

So I am currently investigating H-2B because my potential job looks like a go. The job is seasonal for the duration of the Soccer season here. I guess my main concern right now is can I change from an O-3 to a H-2B? I mean the H-2B means I can not have permanent immigration intent and currently my residence is in the USA.

This is a ray of hope for me and since H-1B is full and the job is seasonal I think I might have cracked it. But I'm just waiting for that inevitable crushing blow that ruins my latest plan