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    Meaw's Avatar
    Meaw Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Aug 12, 2008, 01:37 AM
    How long I can stay in the US after my divorce are finalize
    Hi
    I have been married for 2 years, now I decided to divorce.
    I just want to know how long I can stay legally in the US after divorce?
    My case still pending with the immigration. Before I married, I was F-1 visa.
    And one more question Can I come back in the US if I go back to my country before I'm illegal?
    Thank you
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Aug 12, 2008, 12:54 PM
    At the time you got married, was your F-1 still valid? When did it expire?

    If you visa was valid until you entered marriage, what you should do is send USCIS a letter to withdraw your application, after that you have 60 days to leave US. You may apply for new visa to US if you did not have previous overstay record.
    Meaw's Avatar
    Meaw Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Aug 12, 2008, 10:44 PM
    Quote Originally Posted by lawanwadee
    At the time you got married, was your F-1 still valid? When did it expire?

    If you visa was valid until you entered marriage, what you should do is send USCIS a letter to withdraw your application, after that you have 60 days to leave US. You may apply for new visa to US if you did not have previous overstay record.

    After I got married, I still went to school since last year, but now I haven't attend to any school. My visa will expire next 2 years, but I'm not sure about I-20.
    Do I need to send a letter to withdraw my application? If I do how can I write it?
    Thank you so much
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #4

    Aug 12, 2008, 11:04 PM
    Even though the visa page in your passport says your visa will be expired in the next 2 years but your D/S is no longer valid... no I-20, so you are already out of status.

    You should send a letter to USCIS stating that you wish to withdraw the application due to divorce, etc. Always put case number in the subject ref.
    Meaw's Avatar
    Meaw Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Aug 13, 2008, 01:20 AM
    Quote Originally Posted by lawanwadee
    Even though the visa page in your passport says your visa will be expired in the next 2 years but your D/S is no longer valid... no I-20, so you are already out of status.

    You should send a letter to USCIS stating that you wish to withdraw the application due to divorce, etc. Always put case number in the subject ref.

    So that's mean I have 60 days after my divorce are finalize, right?
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