K Visa Married to US Citizen, want to go back home

[Area51Mcb]

Hi, I am a Belgian Citizen and I got married to a US Citizen about 11 months ago.
I moved to the US in August 2004 and I applied for a greencard. I have an Employment Authorization Card (I-766) and I just applied to renew it, as it will expire in 3 months. I also have used 2 of my travel documents this year and also applied to renew those.

I'm still living here with my wife, but things are not working out and I just booked a plane ticket to go back home in 5 weeks from now.

We are willing to get a divorce, but we haven't filed for it yet.
I only have 5 weeks to get everything taken care of, but I'm not sure if I can just leave the US and file for divorce when I live back in Belgium.

What can they do to me? Am I going to be banned from the US for 10 years if I leave now?
Which legal steps do I need to take to remove my status?
Can I do all the paperwork when I'm back home?

At least they cannot deport me out of the US if I already am back home, but maybe the government will come after me?

I need help very soon. Any answers are appreciated.

Thanks...

 

[NYClex]

I am sorry to hear that things did not work out. At least, you do not need to be afraid of the American government, they will not be coming after you:

-if you get divorced your grounds for application for permanent residency (green card) would be destroyed. Therefore you do not need to pursue this application any more and you can advise the USCIS of this fact and withdraw the application.

However, you might want to wait doing that until you are finally divorced, because you mighht have to come back for one or the other reason.

-You will not be banned for any fixed time, you have not committed any crime. However, there is a certain problem: You once have applied for permanent residency. In the future, when you want to travel to the US as a tourist or otherwise, the border inspector could have doubts about your willingness to leave voluntarily at the end of your trip because once before you applied for permanent residency. Therefore it would be very prudent to take along certain paperwork, like a showing that you have a job in Belgium, have other ties to your home country etc. and be prepared to show them to the inspector to prove your intent not to stay longer in the US then authorized.

-You have to be careful about the divorce: under international law usually it must be filed in the country where you have lived for the last 6 months, so in your case that would be the US. In some countries there are exceptions for their own citizens, but still jurisdiction can be a problem if the other spouse is not willing to travel to that court. You might want to to consult an attorney about this.

-Last thing: Next year you still have to make a tax declaration and pay income taxes for the time you spent in the US.