K1 visa get divorce while waiting for conditional green card

[Becauseiloveyou 1]

Hi everybody

This is the first time I post on this forum. I really need advices

This is my situation: I came to US by K1 visa 8 months ago. we got married almost 8 months and we already applied for Adjustment status (I-485)on Feb 2012 and our case was sent to california visa center. we have been waiting for 7 months but still dont hear anything from them. we called the USCIS and they said it have been pending and we went to USCIS website to check the processing time and they said it takes 15 months for adjustment status in california visa center. My husband recently got a job oversea, he 's gone and leave me alone here in the US while I even can not stand on my feet.I beg him dont leave me but he do that anyway.Now he ask me to come over that country with him(when my future just started in US) forget my green card and throw away everything we been done in 2 years(paperwork,my driver license, my job, my plan to go to school...)I tried to tell him that we already went through a half way (been waiting for 8 months)now just need to wait some more months, just need to patient some more and after I get conditional green card I will apply for reentry permit to come and live with him in that country but he did not listen to what I say. he made decision by himself that If I dont come over there with him and leave everything behind me, he will come back US and divorce me and send me back to my home country. I'm so sad and stressful now, I miss him and love him so much. I just dont want to loose everything we been done in 2 years, we worked really hard. we was so excited to start our life together but since he get that job, everything was changed.now he said that I have no choice. My question is:

1/ what will happen to me if he divorce me while I m waiting for conditional green card?

2/ Any advice for me

Thank you very much!

[Anh map 2,098]

If you both want to be married and live together there isn't really a problem. If you really just want to live in the US and don't want to be married that is different. What would you and your husband like to do: be married or divorced?

*Moved from K1 forum to Effects of Major Changes forum*

[Ryan&Rain 1]

You won't get green card if you divorced before interview forI-485. If so, you will be staying in the US illegally, that can matter a lot.

Edited July 21, 2012 by Ryan&Rain

[pushbrk 13,063]

You won't get green card if you divorced before interview forI-485. If so, you will be staying in the US illegally, that can matter a lot.

While this is true, if the AOS case is actually at the California Service Center in Laguna Niguel, the AOS is almost always approved WITHOUT an interview. If it is at some other local office, (There is no California Visa Center. USCIS doesn't issue visas.) then there will definitely be an interview for both parties to attend.

[Becauseiloveyou 1]

If you both want to be married and live together there isn't really a problem. If you really just want to live in the US and don't want to be married that is different. What would you and your husband like to do: be married or divorced?

*Moved from K1 forum to Effects of Major Changes forum*

I never want to divorce but my husband seems like want to do that. He was trying to kick me out of the house. I have feeling that he just want to make me come over there and he will leave me there then he will go back to US. No way for me to come back US without GC. Then he will be happy because I m gone never come back again. Honestly I would like to stay in US if I can, I don't want to go back my home country by that way and I don't want to see my family worry about me, Especially I will be very embarrass because that was my choice. The wrong choice!

[Becauseiloveyou 1]

While this is true, if the AOS case is actually at the California Service Center in Laguna Niguel, the AOS is almost always approved WITHOUT an interview. If it is at some other local office, (There is no California Visa Center. USCIS doesn't issue visas.) then there will definitely be an interview for both parties to attend.

Yes i made a mistake. It is california service center not California visa center. The USCIS doesn't issues the GC but we got a letter from USCIS said that if I have any question, I can call customer service. A lot of people said if the case was sent to California so that means we don't need interview. Is that true? Is that normal if the processing time take that long 15 months?

[Anh map 2,098]

If you choose to stay and he leaves then you just have to wait and see what happens regarding an interview. If there is an interview and he doesn't go, it's not going to be easy to get the Green Card.

If you get your green card then you can certainly stay in the US. Once your divorce is final you can file to remove the conditions on your green card.

If you married to have a life together why are you two both so quick to throw it all away? This is real life, and problems need to be addressed, not run away from.

[Becauseiloveyou 1]

If you choose to stay and he leaves then you just have to wait and see what happens regarding an interview. If there is an interview and he doesn't go, it's not going to be easy to get the Green Card.

If you get your green card then you can certainly stay in the US. Once your divorce is final you can file to remove the conditions on your green card.

If you married to have a life together why are you two both so quick to throw it all away? This is real life, and problems need to be addressed, not run away from.

Thanks "Anh map"

yes we do love each other, I still love him very much but now he is changed.i dont feel he still love me as much as he use to do.maybe his love for me is not strong enough plus he loves that job more than loves me. What can I do? I m in his hand now, I have no choice.I just feel so sorry. We worked so hard on everything. 2 years relationship and trying to convince family, 1 years paperworks, 8 months living together... i really dont want to loose it.I really want to save this marriage but I can not do that by myself. yes we argue but that is normal between husband and wife because it is real life but he does not want to review what did he do, just kinda blame everything on me, he does not want to working on it, just want to run away.

[del-2-5-2014 1,339]

As in perhaps tricking you to leave the US and incurring a ban to reenter due to overstay, it has been done before. So caution is warranted.

I think a lot happened during the 8 months in your household.

So like you said you want to stay in the US then you have to look at only the options that lets you stay in the US.

I'm very goal oriented. So that being said figure out what happened between you and your Husband and then see how to fix it (sometimes with the best intentions it can be unfixable), he is a major part of your ability to stay in the US, and frankly the only reason that you are here in the us, rIght?

Good luck.

[Babiz 0]

I am a new visitor to this forum, it seems i have the same problem, i am conditional k1 green card 2yrs visa holder but my husband me divorce before we could change the statue to unconditional green card base on suspicious that am having an extra marital affair after traveling to Africa and come back. All my explanation fells to his deaf hear and went ahead to divorce me in court of law in my absent in which k1 green conditional will by March next and go back to Africa. Please what can i do, i really need your advice.

[Becauseiloveyou 1]

As in perhaps tricking you to leave the US and incurring a ban to reenter due to overstay, it has been done before. So caution is warranted.

I think a lot happened during the 8 months in your household.

So like you said you want to stay in the US then you have to look at only the options that lets you stay in the US.

I'm very goal oriented. So that being said figure out what happened between you and your Husband and then see how to fix it (sometimes with the best intentions it can be unfixable), he is a major part of your ability to stay in the US, and frankly the only reason that you are here in the us, rIght?

Good luck.

I have the feeling that he just want me to leave the US and then he will leave me in that country and go back to US. I dont know what's going on in his mind but it's really strange.we already made plan for me to stay here in the US before he leave but now he changed his mind quickly. I have the reason to wonder why.

[JimVaPhuong 4,863]

I am a new visitor to this forum, it seems i have the same problem, i am conditional k1 green card 2yrs visa holder but my husband me divorce before we could change the statue to unconditional green card base on suspicious that am having an extra marital affair after traveling to Africa and come back. All my explanation fells to his deaf hear and went ahead to divorce me in court of law in my absent in which k1 green conditional will by March next and go back to Africa. Please what can i do, i really need your advice.

Please start a new thread and your questions will be answered.

[JimVaPhuong 4,863]

I have the feeling that he just want me to leave the US and then he will leave me in that country and go back to US. I dont know what's going on in his mind but it's really strange.we already made plan for me to stay here in the US before he leave but now he changed his mind quickly. I have the reason to wonder why.

Did you not apply for advance parole when you filed for your green card? If so then you can use the AP to return to the US. You don't need to wait for the green card. If it's his intention to derail your green card application then he can simply pull the affidavit of support. He doesn't need to get you to travel to another country first.

It sounds like you've concluded that the relationship is probably over. If that's the case then what would be the point of staying in the US?

[Anh map 2,098]

I have the feeling that he just want me to leave the US and then he will leave me in that country and go back to US. I dont know what's going on in his mind but it's really strange.we already made plan for me to stay here in the US before he leave but now he changed his mind quickly. I have the reason to wonder why.

Your country flag says Singapore. If you hold a Singaporean passport you can travel freely to the US.

[pushbrk 13,063]

Your country flag says Singapore. If you hold a Singaporean passport you can travel freely to the US.

Generally yes. However she is presently in an "overstay" status until her AOS is approved, so it's not so simple.