filed for green card after 6 year marriage but now divorce

[DutchinCT 0]

Hi,

I currently have an H1B visa that ends on the end of this year.

I am married for 6 years now and my wife had a green card since 1971.

Since Februari 2009 she became a US Citizen.

We have 3 children the oldest 9 years old

Last December we started my green card process and my priority date is January 25 2010.

Februari 23 2010 I did my Biometrics.

Now i have an appouintment fo my interview for May 12th.

I cought my wife cheating last in just before Chistmas and after a lot of arguing she filed for divorce in Februari.

I have no clue what to do now. Please advice.

[JimVaPhuong 4,863]

Hi,

I currently have an H1B visa that ends on the end of this year.

I am married for 6 years now and my wife had a green card since 1971.

Since Februari 2009 she became a US Citizen.

We have 3 children the oldest 9 years old

Last December we started my green card process and my priority date is January 25 2010.

Februari 23 2010 I did my Biometrics.

Now i have an appouintment fo my interview for May 12th.

I cought my wife cheating last in just before Chistmas and after a lot of arguing she filed for divorce in Februari.

I have no clue what to do now. Please advice.

Unfortunately, if USCIS follows the Field Adjudicator's Manual (and there's no reason to believe they won't) the divorce will result in the AOS petition being revoked. Even if the divorce is not final at the time of your interview, USCIS will still probably revoke the petition. In many states, a couple are legally separated when a petition for divorce has been filed. It is USCIS policy to revoke an AOS petition even if the couple are legally separated.

There have been a few cases where people have managed to beat this. Choin v. Mukasey is an example, although the AOS in that case was based on a K1 visa and marriage. USCIS still revoked the AOS petition, and the BIA upheld their decision, and ordered Choin removed from the US. She managed to get it overturned in the 9th Circuit Court of Appeals, primarily because USCIS had taken over two years to adjudicate the AOS petition, and she didn't get divorced until two years after the petition was submitted. The court basically ruled that USCIS' dragging their feet was not a valid justification for denying the adjustment of status. Given your circumstances and timeline, I doubt this argument would work in your case.

The best suggestion I can give is to hire two good attorneys - one for the divorce, and one for immigration. Good luck!

[Brother Hesekiel 2,236]

Your wife is a LPR since 1971, meaning she had her Green Card for 38 years.

You are married to your wife for 6 years already.

You have 3 children together, the oldest one 9 years.

And just last year she became a US citizen? Why so extremely late?

What you are going through right now, as painful as it must be, is largely self-inflicted. Had your wife become a USC in a more timely manner, say after being a Green Card Holder for "ONLY" 31 years, you would have no issues at all.

However, unless you get a really good lawyer, you'll have to wait until your oldest turns 21 in order to petition for you, or until you get married to another USC again. With spousal and child support payments for 3 children, that alone might be somewhat of a challenge.

Your only hope is that your H1B can be extended for some years. You really need to consult two attorneys. If you can make a case that in order to support your family you need to keep your job in the US, your attorney might be able to pull of a hardship waiver, although, frankly, I don't have much hope for that.

Best of luck to you. I really mean that.

[leahandlucas 15]

I hope for the best as well in this case...because its been a bit of ignorance on both her part and your part...and that in some extent is understandable due to getting caught up in "life"...however...now you are in this predicament....

Time to lawyer up!!!

[Radkova 11]

is the divorce final. can't you guys work out your problems. Is there a way the both of you can go to the interview and act like your still married. hope nobody get mad at me for suggesting that.. i am very sorry for all this. good luck

[pushbrk 12,898]

Hi,

I currently have an H1B visa that ends on the end of this year.

I am married for 6 years now and my wife had a green card since 1971.

Since Februari 2009 she became a US Citizen.

We have 3 children the oldest 9 years old

Last December we started my green card process and my priority date is January 25 2010.

Februari 23 2010 I did my Biometrics.

Now i have an appouintment fo my interview for May 12th.

I cought my wife cheating last in just before Chistmas and after a lot of arguing she filed for divorce in Februari.

I have no clue what to do now. Please advice.

You've got a lot of good answers already but nobody has mentioned that it is not YOUR interview. It is a joint interview for the couple. It's even possible your status adjustment can be approved without an interview but unlikely from an H1B. Is the case file at the National Benefits Center or California Service Center.

[DutchinCT 0]

Thank you all.

Yes we both are going to that interview. In the meantime I do have the 2 Lawyers to support me.

My wife lived in the Netherlands for 5 years and we moved back in 2003. We had to live in the US for 5 more years before she was able to show 5 years of tax return.

I will update later how things are going if anyone has more ideas please let me know.