Getting Divorced before USCIS interview

[tsobrazil 0]

Hello everyone!

I hope somebody have heard or experienced a situation that I currently am involved.

Me and my wife got married in December of 2011. She was a green card holder at the time

and applied for her citizenship which she received early August.

We applied for my I-130 in February and in August we applied for my I-485.

I already did the bio-metrics and will be receiving my work permit this week.

We are currently separated, after a horrible year of fights, arguments we decided to go our ways,

but we haven't gone to the interview yet, I haven't even received our appointment. We absolutely won't

go to the interview and lied that we are together. Therefore, I was wondering if there is anyway that I can

apply for a form to stay in the US. I opened my own company and I really don't want to go back to my country.

Anybody have any idea of my case or should I just meet with a lawyer?

[USA-ALG 63]

First of all, I am sorry about your situation.

Secondly, I am fairly new at this journey myself. Let's wait and see what others say about your situation.

Thirdly, the Interview Agent may think you are in for immigration purposes and may not issue you a temporary green card.

Ultimately, you will have to return to your country. If you don't follow the laws and you stay here illegally, then you may have a ban taking place on your persons.

Again, I am sorry about your situation.

~E

p.s. my husband and I had 6 months of terrible fights, but then the light at the end of the tunnel appeared... Now things are better. I hope the same for you.

[Annabellz 0]

It doesnt matter how your wife became a citizen, all that matters is that she is one..

So basically you filed your 485 and now your separated.

A few different things can happen:

Scenario 1- 1 You dont have an interview 2 your separation is amicable 3 you get divorced after you obtain your GC. This scenario involves bending the law with out actually breaking it. You dont lie to immigration (ie going to the interview and lying) Your spouse would have to be willing to wait on filing for divorce however and you have no control on whether or not theres an interview... (after you get your GC and a divorce you would be able to file to have the conditions removed even though your divorced as long as you have proof the marriage was in good faith and just didnt work out)

Scenario 2- the separation is not amicable and your spouse wants to file for divorce immediately, like before you have your GC or know if you are or are not having an interview and is notifying ucis/attempting to withdraw petitions etc... In this case you are out of luck. Your application is based on her 1-130, with out you have no basis for your 485.

Scenario 3- your separation is amicable, your spouse is willing to wait on divorce, and you get a notice for an interview. Well, in your case this is probably the worst scenario... Since the interview would consist of you disclosing the marriage is over, well, you know...

I guess the best you can do is roll the dice if your spouse is willing to wait it out. Maybe you wont have an interview. Take the time to work on things. Maybe you can rebuild what you once had. I mean if shes willing to wait she may be willing to work on things as well...

[kzielu 1,149]

He will have an interview - only K-1 beneficiaries have the possibility of no AOS interview since they are interviewed in the embassy.

[Xanax 349]

Unfortunately I do not see an option for you and believe you will have to leave the US. You will have an interview.

I am sure someone more experienced will chime in.

[Newbie608 103]

You have to attend the interview with your petitioner otherwise, your case will be denied and you could possibly face deportation..

[VanessaTony 3,567]

Scenario 3- your separation is amicable, your spouse is willing to wait on divorce, and you get a notice for an interview. Well, in your case this is probably the worst scenario... Since the interview would consist of you disclosing the marriage is over, well, you know...

The only option for them is 3 because there WILL be an interview.

Staying together just for immigration benefits is fraud. They shouldn't make their decision based around immigration. If they want to stay together, they stay together. If they don't, they don't. Then he decides what he can do based on that.