Eek... help needed
Oct 22nd 2009, 3:11 pm
#1
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Thread Starter
Joined: Sep 2009
Posts: 187
Eek... help needed
Hi all
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
Oct 22nd 2009, 3:19 pm
#2
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Joined: Jul 2009
Location: Virginia
Posts: 475
Re: Eek... help needed
Hi all
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
Sorry to hear that. A bit more information about their intentions from this point on will dictate what the future options are. A 'bust up' is not the same as divorce, etc. If he leaves without Advance Parole then there will be problems........
Last edited by YouWantFriesWithThat; Oct 22nd 2009 at 3:22 pm.
Oct 22nd 2009, 3:20 pm
#3
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Eek... help needed
Did he enter the USA on the VWP? Did he overstay the 90 days and THEN file his AOS paperwork? Did he receive anything back yet, like the Advance Parole document?
If he wants to get a divorce, then he won't have any way of staying in the USA. If he wants to stay married and work on the marriage, then he can stay in the USA.
He won't have to do anything about "the visa", since he doesn't have one.
If he does not have an Advance Parole document in his hand, and he leaves the USA, he will abandon his AOS process.
If he filed AOS before his VWP 90 days ran out, I am not sure if the time he spent waiting for AOS to be adjudicated counts as an overstay or not. If it does, then in the future he'd need a B visa to visit the USA.
Rene
If he wants to get a divorce, then he won't have any way of staying in the USA. If he wants to stay married and work on the marriage, then he can stay in the USA.
He won't have to do anything about "the visa", since he doesn't have one.
If he does not have an Advance Parole document in his hand, and he leaves the USA, he will abandon his AOS process.
If he filed AOS before his VWP 90 days ran out, I am not sure if the time he spent waiting for AOS to be adjudicated counts as an overstay or not. If it does, then in the future he'd need a B visa to visit the USA.
Rene
Oct 22nd 2009, 4:48 pm
#4
Member
Joined: Apr 2001
Posts: 14,049
Re: Eek... help needed
mv,
Sounds like he ought to have 2 legal consultations - 1 with a divorce attorney and 1 with an immigration attorney - to help him sort out what he wants to do and to make sure that what he does in one arena doesn't bite him in the butt in the other arena.
Regards, JEff
Sounds like he ought to have 2 legal consultations - 1 with a divorce attorney and 1 with an immigration attorney - to help him sort out what he wants to do and to make sure that what he does in one arena doesn't bite him in the butt in the other arena.
Regards, JEff
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
Oct 22nd 2009, 4:51 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,400
Re: Eek... help needed
I do not mean to offend, Mrsvic, but didn't your son marry quickly because he needed a way to stay in the US and couldn't do it through you?
They are very young, perhaps they will work out their marital issues, trust now being one of them.
They are very young, perhaps they will work out their marital issues, trust now being one of them.
Hi all
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
My son married 6 weeks ago to his girfriend and filed all papers etc (my other thread, advice please)
They have now had a BIG bust up, he caught her kissing some guy in a bar!!!
Anyway, is that it, does he have to go home?? what will he have to do about the Visa etc ....
Hes talking about going back to the UK, but what will happen about his 194, hes obviously overstayed whilst the i485 etc is pending
im so worried he wont be allowed back in if he wonts to come back for a visit!!
As always, any advice appreciated.
Thanks
Oct 22nd 2009, 4:57 pm
#6
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Thread Starter
Joined: Sep 2009
Posts: 187
Re: Eek... help needed
Well, at the moment hes talking about divorce! but whos knows, mind you not sure if shes the sort of daughter -in law i want!
When can he get advance paraole, everythign is still pending at the moment..
what a mess
Oct 22nd 2009, 4:59 pm
#7
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Thread Starter
Joined: Sep 2009
Posts: 187
Re: Eek... help needed
Did he enter the USA on the VWP? Did he overstay the 90 days and THEN file his AOS paperwork? Did he receive anything back yet, like the Advance Parole document?
If he wants to get a divorce, then he won't have any way of staying in the USA. If he wants to stay married and work on the marriage, then he can stay in the USA.
He won't have to do anything about "the visa", since he doesn't have one.
If he does not have an Advance Parole document in his hand, and he leaves the USA, he will abandon his AOS process.
If he filed AOS before his VWP 90 days ran out, I am not sure if the time he spent waiting for AOS to be adjudicated counts as an overstay or not. If it does, then in the future he'd need a B visa to visit the USA.
Rene
If he wants to get a divorce, then he won't have any way of staying in the USA. If he wants to stay married and work on the marriage, then he can stay in the USA.
He won't have to do anything about "the visa", since he doesn't have one.
If he does not have an Advance Parole document in his hand, and he leaves the USA, he will abandon his AOS process.
If he filed AOS before his VWP 90 days ran out, I am not sure if the time he spent waiting for AOS to be adjudicated counts as an overstay or not. If it does, then in the future he'd need a B visa to visit the USA.
Rene
He did enter on VWP, but didnt overstay the 90 days before they filed the paperwork...
Oct 22nd 2009, 5:00 pm
#8
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Joined: Jul 2009
Location: Virginia
Posts: 475
Re: Eek... help needed
Maybe mum will have the role of counsellor............................
Oct 22nd 2009, 5:04 pm
#10
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Re: Eek... help needed
I would like to think they could work things out..
Thank you
maybe, not sure if i could be calm enough in light of what happened 
Oct 22nd 2009, 5:13 pm
#14
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Eek... help needed
Hmmm, I wonder why he would not have included form I-131 along with his AOS paperwork. There was no charge for it, and it would have allowed him to come back to the USA after a trip abroad. Without the AP, he can't leave the USA. (Well, he can leave...but he can't get back in.)
He can still apply for AP at no charge, but it will take 30 - 60 more days to get it in hand.
Rene
He can still apply for AP at no charge, but it will take 30 - 60 more days to get it in hand.
Rene
Oct 22nd 2009, 5:38 pm
#15
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Re: Eek... help needed