Denied and Leaving

[Dakine 26]

I'm from the Netherlands and filed my I-485 last year. Me and my wife got married in June of 2008. Things were going well back then and we definitely got married in good faith. However, now the marriage is going bad and she would rather want a divorce (even though we are still friendly to each other). Now our interview is coming up and we are probably going to cancel it. Now my question is if there is a way I could terminate this in a good way with the USCIS, since we really got married out of good faith, it just didn't last long enough? I'm hoping I could still re-enter the US within the next year or 2 (to come on visit), but I was wondering what would be the best way to try to accomplish that? I would hate to be banned for 10 years.

Any ideas?

If you guys went to the AOS interview and you were successfull in obtaining a 2 year GC . Get divorced soon after and you could then file to remove conditions as soon as the divorce was final.

LOTS do so. You use the same evidence you married in good faith and not for immigration purposes that you used for the AOS.

Most difficult thing will be getting by the AOS interview if you aren't living together.

Edited May 12, 2009 by Haole

[Bobby+Umit 161]

I think the best thing to do is probably schedule an Infopass Appointment and explain the situation. I think at this point I'm just interested in not getting a 10 year ban, and being able to get back in the country on vacation only, whenever I want.

Yes, going to the source is always a good thing.

You won't get a 10 year or any ban, you are following the rules...

again, sorry for the run around (was thinking you had the GC and was trying to remove conditions)....

I'm from the Netherlands and filed my I-485 last year. Me and my wife got married in June of 2008. Things were going well back then and we definitely got married in good faith. However, now the marriage is going bad and she would rather want a divorce (even though we are still friendly to each other). Now our interview is coming up and we are probably going to cancel it. Now my question is if there is a way I could terminate this in a good way with the USCIS, since we really got married out of good faith, it just didn't last long enough? I'm hoping I could still re-enter the US within the next year or 2 (to come on visit), but I was wondering what would be the best way to try to accomplish that? I would hate to be banned for 10 years.

Any ideas?

If you guys went to the AOS interview and you were successfull in obtaining a 2 year GC . Get divorced soon after and you could then file to remove conditions as soon as the divorce was final.

LOTS do so. You use the same evidence you married in good faith and not for immigration purposes that you used for the AOS.

If the wife (sponsor) is cool with that. Remember, she will be on the hook with the I-864 for a while.

[GasBrommer 0]

If the wife (sponsor) is cool with that. Remember, she will be on the hook with the I-864 for a while.

I'm sorry to sound ignorant, but could you please elaborate on this? Say she would be willing to stay married until after the interview, would there still be a problem for her after that?

[Bobby+Umit 161]

If the wife (sponsor) is cool with that. Remember, she will be on the hook with the I-864 for a while.

I'm sorry to sound ignorant, but could you please elaborate on this? Say she would be willing to stay married until after the interview, would there still be a problem for her after that?

Your application needed a sponsor. She submitted an I-864.

Even if you get divorced, she is still responsible for you, if you go on "means tested" benefits from the government (state/federal).

It only goes away if you do 40 qtrs of work (takes 10 years to do that), you die, she dies, you become a citizen, or you leave the country and abandon the LPR.

Her income will be used to judge any benefits, and then if you are using them, she can be sued to pay it back.

Also, if she tries to sponsor someone else, she has to include you in her "household" count - if you are still being sponsored by her.

So, it is a big commitment - and not many people want that hanging over them, so you two should consider that.

[GasBrommer 0]

Wow, thanks for the information. I will discuss it with her and see what she wants to do.

Thank you so much everybody.

[Anh map 2,098]

If you get the green card are you intending to stay in the US? If not, then why go through the process for the card if you will not be living here?

[chili74 0]

That's what I'm trying to figure out...?!?!

[Reba 2]

I wouldn't suggest to anyone that they remain married for the soul purpose of attending the AOS interview to gain the green card, if the marriage has fallen apart. While it does happen I'm sure, telling someone to deliberately misrepresent themselves to USCIS is a bad idea!

chili, you CAN continue on with the AOS process IF you WANT to stay in the US. If you DON'T want to stay here, then why bother?

If you WANT to stay, all you have to do is appear for your interview, with your spouse, and explain to them that you entered into the marriage in good faith, you have every intention of making the marriage work, but it just hasn't worked out. You now have nothing to go back to in your home country, as you've made a life here (do you have a job, friends, etc here?). Then it'll be up to the adjudicator whether to approve your application or not, and to determine whether or not you did in fact enter into your marriage in good faith. If they grant your AOS, then you go on your merry way, and remove conditions in 2 years as you should. Regardless of your marital status at the time. If they do not grant your AOS, then you will be under deporation procedings, and you'll have something like 30 days to leave the country. But you will not likely be banned, nor have any diffculties returning any time for a holiday. You *may* have difficulties if you ever try to apply for a spousal immigrant benefit again though.

Don't lie to USCIS about still being married though, that's a bad idea, and could result in any further immigration benefits being denied. And certainly trying to remove conditions on your own after having lied at your initial green card interview will be difficult.

[Cuchita 1]

You say you are still friends with her?. So why don't you try to work things out?. Or is it that she has somebody else?. Of not why don't you go to a counselor or a therapy. These days marriage don't last its a shame. There should be more commitment. I don't know, I am just sad to hear things like this happening a lot. Back in the days it was not like that. You both have been thru a lot why not give a second chance?.

Don't want to be an intruder sorry if my comment offends anyone.

Thanks,