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HELP!! H4 and I 94 will expire in 7 days

HELP!! H4 and I 94 will expire in 7 days

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Old Nov 23rd 2003, 8:56 am
  #1  
Chroi
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Default HELP!! H4 and I 94 will expire in 7 days

Hi!

I thought you might be able to give me some advice...

Here is the situation in short:
I am a German citizen, came to the USA with my ex husband on a H4
visa,
got divorced, and remarried an American citizen.
my H4 AND I 94 are going to expire on the 30th of this month.
We are planing on going back to Germany in about 3 to 6 month
depending how fast we can get our household sold and how fast we can
get the money together to pay for the move. We did not file for
adjustment of status, since we don't have a sponsor, my husband went
to school for two of the years they are asking for and the last year
he didn't hold down a job. And other than that his Father does not
want to take on the responsibility. I know that I will have problems
reentering the country for the next 3-10 years after leaving, but we
are not planing on coming back here any time soon.

So, now to my questions:
1. What can happen to me while I stay in the US after my I 94 expires

2. What will happen when I leave the country, will I need to pay a
fine, or can worse thing happen

3. would there be any way around the affidavit of support that you
know of?

I am very grateful for any kind of information I can get!

Thank you!!
 
Old Dec 4th 2003, 8:37 pm
  #2  
Ingo Pakleppa - See Web Site For Email
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Default Re: HELP!! H4 and I 94 will expire in 7 days

On Sun, 23 Nov 2003 13:56:04 -0800, Chroi wrote:

    > Hi!
    >
    > I thought you might be able to give me some advice...
    >
    > Here is the situation in short:
    > I am a German citizen, came to the USA with my ex husband on a H4 visa,
    > got divorced, and remarried an American citizen. my H4 AND I 94 are
    > going to expire on the 30th of this month.

Actually, the H-4 expired the day of your divorce. You are currently
illegally in the USA. Don't worry - if you play your cards right, it may
not be a big deal.

    > We are planing on going back to Germany in about 3 to 6 month depending
    > how fast we can get our household sold and how fast we can get the money
    > together to pay for the move. We did not file for adjustment of status,
    > since we don't have a sponsor, my husband went to school for two of the
    > years they are asking for and the last year he didn't hold down a job.
    > And other than that his Father does not want to take on the
    > responsibility. I know that I will have problems reentering the country
    > for the next 3-10 years after leaving, but we are not planing on coming
    > back here any time soon.

Don't worry. The three-year ban or ten-year bans won't apply to you unless
you stay for 180 days past the end of your I-94 (in this context, the
divorce is irrelevant, even though you are already out of status).

    > So, now to my questions:
    > 1. What can happen to me while I stay in the US after my I 94 expires

Realistically, nothing is likely to happen. It is possible that ICE finds
you and deports you, but that is extremely unlikely.

    > 2. What will happen when I leave the country, will I need to pay a
    > fine, or can worse thing happen

No fine, and nobody will even ask a question.

The one consequence is that leaving will cast any problems in stone.
Fortunately, the problems will be minor.

    > 3. would there be any way around the affidavit of support that you know
    > of?

You may be able to get a steady job of your own. As long as you have that
job for six months, and you live together, you should be OK.

Or you can substitute savings for income (at a rate of $5 of savings for
each $1 in income that he is lacking).

    > I am very grateful for any kind of information I can get!
    >
    > Thank you!!

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 

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