K1 visa get divorce while waiting for conditional green card

[Becauseiloveyou 1]

No, no, no. What part of, "If you leave without Advance Parole or a Green Card you WILL NOT get back in." do you not understand. You CANNOT put your case on HOLD and even if you did, you could NOT move back without going through a very difficult and time consuming process.

Your husband is putting you in an extremely difficult situation. All his ideas pretty much kill your chances at a green card. Some will say, "Why is the green card so important, if your marriage is over?" To them, I say, this woman left all her former life behind, telling her family and friends what a wonderful life she would have in a new country with a loving new American husband. If she must return home, it will be in shame. This is a VERY BIG DEAL in all of Asia. Take it to the bank.

If you leave the USA without a green card, chances are you are NEVER coming back.

Pushbrk!!!thank you very much for your understanding. I was so happy and was crying when I read this. Finally one person can understand my feeling. Not a lot of people understand that. I just can say: "your wife is so lucky to have a husband like YOU". Yes, everything you said is true and that's is exactly what happened. Its really a BIG DEAL if I return to my home country now. It will be very hard time for me. It's took me 2 years to convince my family and my friends about this marriage. I worked very hard on it. I dont know how to tell them that my marriage is over and everything they tried to tell me is Right, too embarass. So whatever happen to me I would like not go back home. It will be in shame.

[Becauseiloveyou 1]

I agree.

You can't put your case on hold, but you should let them know why you are abandoning the application if you leave the country. To get back in the USA, you're going to need to apply for a CR-1 visa and start over. At least with the CR-1 you get the green card on entering the USA. Also even using the AP or green card, you must maintain a residence in the USA. You can leave the country to visit other places, but establishing residency in another country means you've abandoned the green card. Using the green card or AP to visit the USA every few months will get it yanked by the border patrol agents eventually. The green card means you're a licensed permanent resident. You must live like a resident and live in the USA to keep a green card. If you live here long enough, you can become a citizen, then you can live where ever you want and return when you want. But the green card holder doesn't get that option.

I'm not sure what you situation really is with your husband. It could be he's decided he prefers living in Asia and not the USA. If I decided I wanted to live in Asia, I'd want my wife with me to. If we were going to live on different continents I'd consider the marriage basically over. To me a husband and wife live together, not apart. Are you running into a problem where you husband does want to keep the marriage but can't see it working if you stay in the USA while he lives in Singapore? Yes he has all the power in this situation. He can divorce you which kills the green card. He can pull the affidavit of support which kills the green card. But if you're not going to live in the USA, your green card will be revoked at some point. If you don't live with your husband your marriage sounds like its over and again no green card. Sounds to me like you need to convince him to return at least until you can get citizenship, or just join him to save your marriage. He could also let you get the green card, then divorce you, but you'd have to immediately ROC and prove the marriage was real and not just to get a green card. Sounds like he left the country so fast, that might be hard to do. What's important to you, the marriage or the green card?

Well, you ask me which one is important to me, marriage or GC. I tell you BOTH. The marriage is important so that's why I will move to that country after I get GR, don't care about 10 unconditional Green card or US citizen. And the GC is important too because I don't want to throw away everything we've done in 2 years plus I m not sure what he gonna do. I mean if I choose to leave without GC and can not get back in again then my situation will be very worse. It will be very easy for him to leave me, he just need to go back US and he is done with me, i have no way to meet him or i can not do anything but if i have GC at least i can go back to US to do something. I don't want to give my life in his hand like that.do you understand?

[Moomin 292]

I went to California website and checked for processing time and It said : 15 months. Yes my case has been in California since March. I still have the same address I dont move anywhere. I called the customer service and they said: My case is still pending

If you read carefully, it says employment based i485 applications are taking 15 months. They haven't gotten around to include the category you're adjusting from. Currently, that takes around 6-7-8 months at CSC.

[Caryh 5,206]

Well, you ask me which one is important to me, marriage or GC. I tell you BOTH. The marriage is important so that's why I will move to that country after I get GR, don't care about 10 unconditional Green card or US citizen. And the GC is important too because I don't want to throw away everything we've done in 2 years plus I m not sure what he gonna do. I mean if I choose to leave without GC and can not get back in again then my situation will be very worse. It will be very easy for him to leave me, he just need to go back US and he is done with me, i have no way to meet him or i can not do anything but if i have GC at least i can go back to US to do something. I don't want to give my life in his hand like that.do you understand?

So your marriage is important, but his moving back to Singapore and asking you to come without a green card makes you afraid he's just planning to leave you. Yes I think I understand. I don't understand why he'd go through so much to get you to the USA, then want to move out either. But I could understand him wanting to be with you where he chooses to live. Personally, I'd want my wife with me but I wouldn't want to do anything to put the green card at risk after so much work to get one. My wife and I's plan is to get her citizenship here when the time comes. Its our common goal to be able to live in both countries at some point.

I hope your green card arrives very soon, before all this comes to a head and your marriage survives whats going on. Learning to be married isn't always easy. Throwing in immigration stress doesn't help either. It can't be easy being new to the USA and having your husband out of country. I don't think my wife could have handled it. She's been here close to 11 months now and is just starting to get some confidence and contentment here. Without me to support her, she would have ran back home within a month I think.

[Becauseiloveyou 1]

So your marriage is important, but his moving back to Singapore and asking you to come without a green card makes you afraid he's just planning to leave you. Yes I think I understand. I don't understand why he'd go through so much to get you to the USA, then want to move out either. But I could understand him wanting to be with you where he chooses to live. Personally, I'd want my wife with me but I wouldn't want to do anything to put the green card at risk after so much work to get one. My wife and I's plan is to get her citizenship here when the time comes. Its our common goal to be able to live in both countries at some point.

I hope your green card arrives very soon, before all this comes to a head and your marriage survives whats going on. Learning to be married isn't always easy. Throwing in immigration stress doesn't help either. It can't be easy being new to the USA and having your husband out of country. I don't think my wife could have handled it. She's been here close to 11 months now and is just starting to get some confidence and contentment here. Without me to support her, she would have ran back home within a month I think.

Yes it's not easy. It's really hard time for me. I feel very vulnerable. I try to be strong woman. Sometimes I thought that I would give up and go back to my home country but if I do that my life in my country might be harder than here. I don't want to go back that way. Now I even can not believe that I'm that strong, still here in US, still alive in this country without husband the only person that can protect me, without family or friends. I don't understand either. I think maybe his love for me is not strong enough so he chose that job not me. Thanks for your help and understanding. Hopefully the GC arrives soon and everything will be fine.

[Becauseiloveyou 1]

If you read carefully, it says employment based i485 applications are taking 15 months. They haven't gotten around to include the category you're adjusting from. Currently, that takes around 6-7-8 months at CSC.

Thanks. My friend just talked to Attorney and he said the USCIS is processing those case was submitted on 2012 JAN, my Case was submitted on FEB so hopefully GC will come soon. Thank you everybody in this forum for giving me advices.

[SPSguy 18]

Please call the Vietnamese family association in your State if one is available. If one is not available search for one in google and contact them. Then do all you can to go meet them. Explain your situation and listen to what options they have for you. It may be possible for you since you entered the marriage in good faith and now your husband has clearly demonstrated willful neglect and possible abuse to you as a stranger to this country.