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Tinh ve noi dau

Divorce while AOS is still pending

By Tinh ve noi dau in Effects of Major Family Changes on Immigration Benefits

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Tinh ve noi dau Explorer

Tinh ve noi dau   0

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Filed: K-1 Visa Country: Vietnam
 Timeline
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My wife came to US from Taiwan and we got married in Sept. since then we found there were a lot of cultural difference after we lived together for about 3 months. but while her AOS is still pending. what is the USCIS law in regards to her green card? can she file a divorce if she is not consider a US resident or I have to file a divorce since i am a US citizen. at this point we both agree to divorce and she likes to live in taiwan more than US. what can I do or what should I do? Please help

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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Moved from AOS forum to Effects of Major Family Changes on Immigration Benefits as more appropriate forum

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

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diadromous mermaid Experienced

diadromous mermaid   36

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Filed: Timeline
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Either one of you can file for divorce, status doesn't matter. Divorce is a civil matter, so as far as that's concerned USCIS doesn't care. And there's no problem with her just going back to Taiwan and abandoning AOS.

Better to apprise USCIS of the change of heart than to just abandon the process, if the alien comes from a territory where tourist visas are required, if there might be future plans for a visit to the US.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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wasabi Explorer

wasabi   4

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Filed: Lift. Cond. (apr) Country: Thailand
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I would get divorced wherever you were married whether that is Taiwan or the USA. Try to avoid consulates as consular divorces are not always recognized for visa purposes. As long as she goes back to her home country you should be free of all responsibilities after that. Sorry it didn't work out.

03/26/2009: NVC in
04/08/2009: Learned we are being screened for Additional Processing 'AP'
05/09/2009: Arrived at the US consulate in Bangkok
05/15/2009: Medical Passed
05/20/2009: Packet 3 received
05/21/2009: Packet 3 returned

07/08/2009: Interview
07/08/2009: issued 221(g) due to proof of single status document missing a stamp
07/20/2009: Resubmitted document with missing stamp. Accepted
07/23/2009: Visa issued


07/28/2009: POE JFK
07/31/2009: Married
09/02/2009: AOS submitted
09/10/2009 NOA1
09/25/2009: Case Transfered to CSC
10/13/2009 Biometrics
10/26/2009: Received EAD card
11/30/2009: RFE Delayed Birth Registration
12/31/2009: USCIS receives RFE reply
1/07/2010: Green Card Delivered
1/15/2010: Green Card Arrived

10/10/2011: Mailed in I-751 to remove conditions
10/20/2011: NOA1
11/28/2011: Biometrics
03/29/2012: RFE USCIS wants more proof of a bona fide relationship
04/03/2012: USCIS receives RFE reply
04/10/2012: Approval Letter
5/18/2012: Email notice that Green Card is being produced
5/24/2012: Green Card Arrived

10/07/14: N-400 mailed

11/12/14: Biometrics

12/5//14: In Line

03/25/15: Naturalization Ceremony: Journey Complete

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