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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105568
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am on an F1 visa and married a US citizen, but would like

Customer Question

I am on an F1 visa and married a US citizen, but would like advice on withdrawing the petition for me to stay in the US.
My spouse and I had been dating while I was on F1 status and planned on a potential life together. My status to be in the US was coming to an end and we contemplated what to do including doing a long distance relationship, relocating together to another country, etc. As we were unsure how we would fare under a long distance relationship and relocating to another country would most likely mean that one of us would have to give up on professional careers that we both were building, we decided to speed up our relationship and got married. My Adjustment of Status petition has been filed and I am in the process with USCIS.
Post marriage, my spouse and I have been fighting a lot and I feel we may have gotten married too soon. As my sole intent for wanting to be in the US was to build a life with my significant other, if my relationship deteriorates further, I would like to leave the US and minimize any potential harm to either me or my spouse.
Questions I would like to ask are:
- Withdraw of the Adjustment of Status
o What would the process be for withdraw of Adjustment of Status
o If a withdrawal of the Adjustment of Status is submitted, within how much time do I have to leave the US?
- Annulment of marriage (or divorce)
o Is an annulment of marriage possible? I’ve looked at the grounds for annulment and from my read, it doesn’t look possible, but could there be a way for annulment if both parties choose to annul?
o If annulment isn’t possible, what would be the divorce process (especially in light of the petitioning that has been filed)
- Other considerations
o Would there be any future impediments to my travel to the US? (My career entails a lot of travel to various countries including the US. My home country citizenship allows for short term travel (~90days) to the US without a visa, would this be impacted?)
Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Did you recently email me about this situation?

Customer: replied 1 year ago.
I had emailed you.I understand that you are busy, but as my OPT has ended and my 60 day grace period is due to be up by Aug. 31st. My understanding is that since an Adjustment of Status petition has been submitted, my legal stay in the US is ok despite the 60 day grace period ending. Nonetheless, I am apprehensive and wished to know sooner.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sure. Let's go one by one:

Withdraw of the Adjustment of Status o What would the process be for withdraw of Adjustment of Status o If a withdrawal of the Adjustment of Status is submitted, within how much time do I have to leave the US?

Your spouse would write a letter explaining that she would like to withdraw the I-130 and associated petitions and send it to the address that is on the I-797 receipts as well as copies of all those receipts. She doesn't have to state the reasons if she does not want to. She should sign it and maybe notarize it to lend it more legitimacy.

Annulment of marriage (or divorce) o Is an annulment of marriage possible? I’ve looked at the grounds for annulment and from my read, it doesn’t look possible, but could there be a way for annulment if both parties choose to annul? o If annulment isn’t possible, what would be the divorce process (especially in light of the petitioning that has been filed)

That really depends on the local rules. It isn't an immigration situation. Normally there has to be some fraud or something like that. If you cannot meet the qualifications for an annulment, I'm sure you could do a simplified divorce that could take just a few weeks to a few months depending on how busy the court is.

Other considerations o Would there be any future impediments to my travel to the US? (My career entails a lot of travel to various countries including the US. My home country citizenship allows for short term travel (~90days) to the US without a visa, would this be impacted?)

Unfortunately, there would be. Why? Because you had immigrant intent and that won't be dismissed so easily. They most likely would not let you use an ESTA again but would rather you apply for a B-2 tourist visa and prove to them that you do not have immigrant intent anymore.

I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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