I am here on an O3 VISA. I have two children. One an American Citizen. The other on an O3 VISA like me. I have recently separated from their father who holds the O1 VISA. We live in two separate houses. He says we don't have to inform the INS of these changes, although I understand we at least have to inform them of our address changes. He says it will become complicated. I am due to leave the US in August going to the UK. I have to apply for a new VISA when I get there my old one expired a long time ago and I have not left the country for any reason. I have employed a company to help me with this. I have filled in all the paperwork but used the address I once shared with my husband because that house had not sold yet at that time, even though we lived in two different homes. The house has sold now and I am sure I must inform the INS of our official addresses now. I am worried the seperation will affect my application to renew my VISA. I am further worried because I am a writer and last year I sold a book to a UK Publisher and then my UK agent sold it to a US Publisher. I am living off this advance because my ex won't give me any money. I know I am not supposed to work on an O3 VISA but isnt it considered self employed and i was not working for US company, although the book did eventually sell to an US company? Will this come up at a VISA interview? Will they ask me how I am supporting myself? If I am not dependent on him anymore where does that leave me in this VISA application process when i am supposed to be a dependent spouse. I currently have O3 approval to stay in the US until July 2013. It is so complicated all of this and I have two beautiful children. I can't be separated from them because I am denied a VISA at the consulate. They say this can take years to remedy. The idea I could be separated from my children for years is terrifying to me. I currently live in California. What is your advice? Also my husband has reached the maximum amount of years after 2013 to apply for another O3 VISA. What happens then? Can he reapply and include us all in his application if we are still separated? Does he need my permission to include our children in a new VISA application?
Hello, welcome to JustAnswer, my name is Judith. Thank you for this opportunity to answer your questions.
First the advance on your royalties from the book sales does not constitute unlawful employment. You are permitted to sell your intellectual property.
Is there an absolute need for you to travel out of the US and have a visa to travel abroad? Is it not possible to just let things be as they are and you just stay here at least through the 2013 expiration date on your I-94 and not travel?
I am supposed to attend a book conference in Edinburgh during the book festival. I am supposed to take part in a writers retreat, read at an Amnesty International book event and participate in a screenwriting workshop. I would be loathed to cancel but if it meant I couldn't get back into the country then I guess I would have to cancel. Further to this I have lost my i94 and I need a new one and so traveling might be necessary. I know I can apply within the us for one but it takes three months to come through. I require the i94 for renewal of my drivers license which is soon to expire. With regards XXXXX XXXXX relating to my seperation from my husband and us living in different houses does this make renewing my VISA in the UK difficult? Could it present problems?
And how will the INS feel about us living in two separate houses.
I'm not going to tell you that this could not be a problem for either INS or the Dept of State that you and your husband's marriage is dissolving and no longer viable.
Now if you were in a trial separation with the possibility of reconciliation and were attempting to "work things out", that would be considered in a better light.
However, from the sounds of it this is not the case.
USCIS does recognize living apart of the marital abode for reasons of say job necessity or if one was going to school and living away from the spouse.
But once again this is not the case so it will totally be at the discretion of the consul whether they will give you the visa stamp.
Actually on your DS-160 it does not ask for the spouse's address as I recall. If it does and you are in the same city and state you could leave out the street address and just put in that info.
It is not likely that the subject of your address and his address would come up in any question.
Anything is possible, but that is generally not a question they ask.
Also, as for filing your address change with the USCIS AR-11, that does not connect up with the DOS database when checking your background for purposes of issuing the visa.
Some of this info may be helpful to you in making your difficult decision.
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Thank you so much for this. I didn't know any of these things. I have children and I am the primary carer. My son is on an 03 VISA also and like mine it is out of date. He would have problems leaving the country also. He is 8. I have recently rented a house and I am responsible for it until November when I go month to month. My husband wants a divorce and he is holding off because in the event of a divorce I of course have to leave the country because I am no longer a dependent and since he is not able to take care of the children on his own it was decided we would just live separately. What about my children? Would they leave the country with me in the event of a divorce or would that be a question for the courts to decide? My son is on an O3 VISA. His status is the same as mine. My daughter is American born.
The family court would have to decide on who would get physical custody of the children. Those on O3s would be entitled to the visa status through their father if the father has custody, or even visitation rights.
If you get some international recognition from your book, you may qualify for an "O" in your own right.
That may be some light at the end of the tunnel and would also require you to have a US agent who gets you on speaking engagements and promo tours here in the US so there is a schedule of activity that would need to keep you here.
So keep your nose to the grindstone and maybe even in all this tourmoil knock out another book that has international recognition and you could pave a nice path for yourself in your own right.
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