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Old 03-15-2004, 05:45 AM   #1 (permalink)
MrsJonesolet
 
Posts: 6
Default please help

I am an American citizen and my husband immigrated here from England.We
went through all the forms to get married legally.We remained happily
married for a little more than a year but somehow life stresses got in
the way (long story) and we decided to split up.

We filed for divorce
and he went back to the UK, about a month ago, without advance parol (we
didn't think it mattered at the time)

We have talked things over and
now realize that we made a big mistake.We want to work on our marriage
and be together again.

Everything I've seen says you can't leave the US
without advance parol because it will mess up the adjustment of status
but he hadn't applied for that yet.

Is there a chance that he could
come back in the country without going through the whole flippin process
again?

I feel sick over this whole thing.I just miss my husband and
want him back :(

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Old 03-15-2004, 05:49 AM   #2 (permalink)
MrsJonesolet
 
Posts: 6
Default Re: please help

Originally posted by MrsJonesolet
    > I am an American
citizen and my husband immigrated here from England.We went through all
the forms to get married legally.We remained happily married for a
little more than a year but somehow life stresses got in the way (long
story) and we decided to split up.
    >
    > We filed for divorce and he went
back to the UK, about a month ago, without advance parol (we didn't
think it mattered at the time)
    >
    > We have talked things over and now
realize that we made a big mistake.We want to work on our marriage and
be together again.
    >
    > Everything I've seen says you can't leave the US
without advance parol because it will mess up the adjustment of status
but he hadn't applied for that yet.
    >
    > Is there a chance that he could
come back in the country without going through the whole flippin process
again?
    >
    > I feel sick over this whole thing.I just miss my husband and
want him back :(


P.S. The divorce was filed but we don't
have a court date yet.We aren't even sure if we should stop the divorce
procedings or if our only option is to go throuh with it and start from
scratch.

Wonder how that will look to immigration :(

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Old 03-15-2004, 09:52 AM   #3 (permalink)
Mtravelkay
 
Posts: 686
Default Re: please help

MrsJonesolet wrote:

    > I am an American citizen and my husband immigrated here from England.We
    > went through all the forms to get married legally.We remained happily
    > married for a little more than a year but somehow life stresses got in
    > the way (long story) and we decided to split up.
    >
    > We filed for divorce
    > and he went back to the UK, about a month ago, without advance parol (we
    > didn't think it mattered at the time)
    >
    > We have talked things over and
    > now realize that we made a big mistake.We want to work on our marriage
    > and be together again.
    >
    > Everything I've seen says you can't leave the US
    > without advance parol because it will mess up the adjustment of status
    > but he hadn't applied for that yet.
    >
    > Is there a chance that he could
    > come back in the country without going through the whole flippin process
    > again?
    >

He would have to go through the process again.
 
Old 03-15-2004, 12:46 PM   #4 (permalink)
MrsJonesolet
 
Posts: 6
Default Re: please help

Originally posted by Mtravelkay
    > MrsJonesolet wrote:

    > > I am an American citizen and my husband immigrated here from
England.We
    > > went through all the forms to get married
legally.We remained happily
    > > married for a little more than
a year but somehow life stresses got in
    > > the way (long
story) and we decided to split up.
    > >
    > > We filed
for divorce
    > > and he went back to the UK, about a month ago,
without advance parol (we
    > > didn't think it mattered at the
time)
    > >
    > > We have talked things over and
    > now realize that we made a big mistake.We want to work on our
marriage
    > > and be together again.
    > >
    > >
Everything I've seen says you can't leave the US
    > > without
advance parol because it will mess up the adjustment of status
    > but he hadn't applied for that yet.
    > >
    > > Is
there a chance that he could
    > > come back in the country
without going through the whole flippin process
    > > again?

    > >
    >
    > He would have to go through the process again.


Do you think we could stop the divorce and use the K3? I'm
considering getting an immigration lawyer but money is tight.

Thanks so
much for your help.This site is wonderful!!

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Old 03-15-2004, 02:29 PM   #5 (permalink)
Jeffreyhy
 
Posts: 2463
Default Re: please help

MrsJones,

What do you mean by "all the forms to get married legally"?


Whatever, forms to get married and forms to immigrate are 2 different
things. Your husband was in the US for more than a year without
applying for adjustment of status? He may have accumulated some out-of-
status time.

It's time for you to speak with an immigration attorney
who can extract the relevant facts of your case from you and advise you
accordingly.

Regards, JEff

Originally posted by MrsJonesolet

    > I am an American citizen and my husband immigrated here from
England.We went through all the forms to get married legally.We remained
happily married for a little more than a year but somehow life stresses
got in the way (long story) and we decided to split up.
    >
    > We filed
for divorce and he went back to the UK, about a month ago, without
advance parol (we didn't think it mattered at the time)
    >
    > We have
talked things over and now realize that we made a big mistake.We want to
work on our marriage and be together again.
    >
    > Everything I've seen
says you can't leave the US without advance parol because it will mess
up the adjustment of status but he hadn't applied for that yet.
    >
    > Is
there a chance that he could come back in the country without going
through the whole flippin process again?
    >
I feel sick over this whole
thing.I just miss my husband and want him back :(

__________________
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


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Old 03-16-2004, 01:19 PM   #6 (permalink)
TJones
 
Posts: 6
Default Re: please help

Hi all, I am MrsJonesolet's husband.

I'll try to explain this mess we
have got ourselves into in more detail.

We went through the K1 visa
process in 2002. I obtained my K1 and went to the US in October. We were
married in December 2002. Although we began putting together the
paperwork of Adjustment of Status immediately, we ran into various
problems coming up with some of the items required, and it all got
pushed aside while we tried to get on with our lives. (Stupid, I know.
Unfortunately we are both master procrastinators).

As my wife has
said, at the end of January we made the decision to split up (which we
are now both very sure was the WRONG decision) after going through a
very stressful time.

At that time all of the AOS paperwork was ready to
be sent apart from some statements we had been waiting for from our bank
(to go with the affidavit of support). We had been waiting since Oct for
them and the bank was not being very helpful. (This is probably not
important but I thought I would mention it).

I left the US on Feb 11th.


I'm assuming our only options are to either somehow stop the divorce
(if thats even possible) and file for a K3, or let the divorce go
through and start the K1 process again (in which case, would our having
recently divorced each other affect my chances of being granted a K1?)

If anyone know of any other solutions we would be forever grateful!

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Old 03-16-2004, 01:32 PM   #7 (permalink)
Jeffreyhy
 
Posts: 2463
Default Re: please help

TJ,

You should be able to stop the divorce. Talk with the attorneys
who helped you start the divorce.

Your wife can petition for you again
and you can apply for a K3 visa.

Regards, JEff

Originally
posted by TJones
    > Hi all, I am MrsJonesolet's husband.
    >
    > I'll
try to explain this mess we have got ourselves into in more detail.
    >
We went through the K1 visa process in 2002. I obtained my K1 and went
to the US in October. We were married in December 2002. Although we
began putting together the paperwork of Adjustment of Status
immediately, we ran into various problems coming up with some of the
items required, and it all got pushed aside while we tried to get on
with our lives. (Stupid, I know. Unfortunately we are both master
procrastinators).
    >
    > As my wife has said, at the end of January we
made the decision to split up (which we are now both very sure was the
WRONG decision) after going through a very stressful time.
    >
    > At that
time all of the AOS paperwork was ready to be sent apart from some
statements we had been waiting for from our bank (to go with the
affidavit of support). We had been waiting since Oct for them and the
bank was not being very helpful. (This is probably not important but I
thought I would mention it).
    >
    > I left the US on Feb 11th.
    >
    > I'm
assuming our only options are to either somehow stop the divorce (if
thats even possible) and file for a K3, or let the divorce go through
and start the K1 process again (in which case, would our having recently
divorced each other affect my chances of being granted a K1?)
If anyone
know of any other solutions we would be forever grateful!

__________________
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


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Old 03-16-2004, 01:56 PM   #8 (permalink)
TJones
 
Posts: 6
Default Re: please help

We had no attorneys involved in the divorce, we filed the papers
ourselves.


Originally posted by jeffreyhy
    > TJ,
    >
You should be able to stop the divorce. Talk with the attorneys who
helped you start the divorce.
    >
    > Your wife can petition for you again
and you can apply for a K3 visa.
    >
Regards, JEff

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Old 03-16-2004, 05:09 PM   #9 (permalink)
Jeffreyhy
 
Posts: 2463
Default Re: please help

TJ,

Have MrsJ go on back to where you filed the papers and find out
what has to be done to withdraw.

Regards, JEff

Originally
posted by TJones
We had no attorneys involved in the divorce, we
filed the papers ourselves.

__________________
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)


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Old 03-16-2004, 08:53 PM   #10 (permalink)
TJones
 
Posts: 6
Default Re: please help

Will do.
But supposing we don't stop the divorce, does anyone know if
it will be possible for us to get another K1 visa?






Originally posted by jeffreyhy
    > TJ,
    >
    > Have MrsJ
go on back to where you filed the papers and find out what has to be
done to withdraw.
    >
Regards, JEff

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