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Getting a divorce for an overstay with VWP?

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  • Getting a divorce for an overstay with VWP?

    Hello.
    I'll put long story short.

    I'm a Japanese who entered the US with VWP in Feb 2016, and got married in May 2016.
    Although I came to the US to see my boyfriend, I didn't intend to get married during my 3 months here,
    but we decided to get married.
    We still haven't applied for AOS for many reasons.

    Lately, I started having a feeling that he and I do not work as a couple
    (I don't think he feels this way), and actually I'm thinking of getting a divorce.
    But I'm just an overstay...
    Leaving the US would impose me a 3 years or longer ban of entering the US,
    or maybe never be able to come back here and I do not want that.
    I finally started getting used to the life in NY so I don't really wanna go back to Japan.

    So here's my question.
    Is there any way for me to stay here legally if he and I are to get a divorce?
    Or do I have to torelate myself with him and apply for AOS?
    Is it possible that after getting divorced, I find another man, get married to him,
    and apply for AOS?

    It's been really tough for me and I know that I was stupid to make this decision.
    But please be understanding. Anything would help.

    Thank you.

  • #2
    "Is there any way for me to stay here legally if he and I are to get a divorce?" You seem to already know the answer. Getting married again to another USC will not look good during your AoS interview. There are no other legal options. If you do get a divorce consider leaving the country soon before the 10-year ban kicks in.

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    • #3
      Have you tried counselling??? It sounds like you are the one with the problem... and it also sounds like you only married him for you GC... (context clues)... Marrying another USC to get through AOS is going to look very very bad for you. Should you tolerate him??? I think he should decide if he should tolerate you...
      Just my opinion... Use at your own risk...

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