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Please advise!!!! URGENT

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  • Please advise!!!! URGENT

    My divorce was finalised in december 05. INS was notified in January 06. I am leaving the country but intend to come back.

    I have a question about overstay. I heard somewhere that I have 3 months within which to leave to avoid overstaying.

    But I do not know when the 3 months start.
    Does it start when the divorce was finalised? OR

    Does it start from when INS was notified?
    INS was notified about the divorce in January. They did not ask for the divorce decree. They did not even want to know when the divorce happened. They simply send me a letter saying that 485 was rejected on grounds of divorce.

    I ask this because my ticket to leave is for April ... about 7 days over 3 months .. if I count from when the divorce was finalised. But it is ok if i count from when INS was notified.
    Please advise me.

    Another question... am I out if status during these 3 months?
    If I come back as h-4 , will all this be a problem ?

    Please please advise. I tried to ask this question in another forum... i have not received any advise yet. Please help.

  • #2
    according to the best of my knowledge, there is not such saying that you are allowed to stay for 3 months even after your marriage was terminated. you will have NO status once your marriage is terminated. you will need to depart from US ASAP

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