Divorce while waiting for AOS

[palmerita 1]

Hi my name is laly and sadly my marriage didnt work, we are waiting for the aos to be approved but we want to know how to get divorce. thanks.

[Villanelle 4,122]

When you say you are waiting for adjustment of status to be approved what do you mean specifically? Adjustment of what to what? From a K1 to a conditional GC? From a conditional GC to a 10yr GC? From a CR1 petition to a GC?

You need to provide more info.

[palmerita 1]

After K1. Im basically waiting for he green card but I want to leave before it and get the divorce/

[Caryh 5,206]

Divorce is handled by the laws of your state. There is no general divorce law that covers all the states. You'll need to refer to your state's rules. Some make it easy and have online do it yourself guides. Others pretty much push you towards hiring lawyers to handle it for you.

[palmerita 1]

Ok what happens if I leave without divorce back to my country? before getting the AOS done

[Villanelle 4,122]

If you came on a K1 and applied for AOS and have not yet received your GC and you divorce your spouse or your marriage has failed before receiving it, then you no longer qualify for a GC.

The GC you receive or will receive as a K1 is based on having a legitimate marriage to a USC. So, again if you no longer have a legitimate marriage so you are no longer eligible to receive a GC.

The only exception to this rule is in cases of abuse. A K1 visa holder who is the victim of abuse (and therefore is not in a legitimate marriage because abusive marriages are not legitimate) can receive a GC after leaving their spouse. Are you a victim of abuse?

If not, follow Caryhs advice. Research divorce rules in your state. Obtain the divorce and be prepared to return home as you will not be issued a GC afterwards.

[palmerita 1]

No, no abuse, his famil is damaging our marriage too much and im not gonna stay to keep on having them bothering us. my husband is not strong enough to tput them in place.

[Penguin_ie 5,997]

You are free to leave anytime. If you are going back to your home country, you will not get the greencard but that won;t matter anyway since you'll be home.

[Villanelle 4,122]

Ok what happens if I leave without divorce back to my country? before getting the AOS done

If you leave w/o divorcing your spouse you will still be married. As for your AOS- I dont know. Some K1s are approved for GCs w/o interviews. IF you are approved for a GC w/o an interview you will receive a 2 year conditional GC in the mail to your old address unless you contact USCIS and withdraw your application. Youd have to contact them and tell them you wish to withdraw your petition as you and your spouse have separated. IF you were not approved w/o an interview, meaning you were selected for an interview, you would receive a notice for an interview in the mail, obviously youre not going to go, since youre out of the country, you wouldnt show up for it, your case would be denied and no GC would be issued.

But you shouldnt just up and leave the country like that. You wouldnt know if the GC was issued or not. It would effect what you would need to do when wanting to come back in the future. (If youd need to apply for a visa or not) Youd also be allowing them to issue you a conditional GC on the basis that your marriage was legitimate when you were separated. Thats fraud. It will effect your ability to immigrate in the future. Do not make future problems. Notify them properly now.

[JohnR! 5,495]

Ok what happens if I leave without divorce back to my country? before getting the AOS done

You can leave without prejudice. It is expected that you file your AOS only if you intend to stay in the US, however, if you plan to return to Argentina, you can leave.

Leaving without a divorce however, would be a bad idea. Until your divorce is final, you are tied, legally, to your husband and chances are that your marriage to him here would count elsewhere. It may create a lot of problems in the future, if/when you decide to marry again.

If you are planning on leaving before your divorce is final, I would suggest you retain a lawyer - one with references, from someone you know, preferably - so that your divorce process may continue even after you have left the US.

Sorry for your situation! Good luck!

Edited January 25, 2013 by Gegel

[Caryh 5,206]

If you leave the country without an AP or green card, you are essentially abandoning your AOS, green card application. If you have the AP and are not gone too long, you can still get your green card if your marriage is still valid. If you truly want a divorce, you could return home and divorce under the laws of your own country, assuming you haven't been gone too long to loose residency there. Or you can wait for him to file and divorce you in the USA. Many states have do it yourself no-fault divorce, where both can sign and you can be divorced in a matter of weeks.

If you are in Florida, here's a link that may help you

http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=64

I'm sorry to hear your marriage isn't working out. No its not good when a one spouse's family gets too into saying how the marriage should be. That's for the two people in the marriage to decide, not the rest of the family.

[palmerita 1]

He doesnt want to divorce me and in argentina im still single, i have been here for less than a year. He says he loves me but his family has been in the middle way too much and he doesnt know how to put limits because he hates confrontation.

BTW thanks everyone for your replies

Edited January 25, 2013 by palmerita

[Penguin_ie 5,997]

Don't count on "still being single" in Argentina. Most countries have agreements which mean that if you are legally married in one country (the USA in this case), you marriage is recognised in the other country too.

[Sandra G. 5,079]

You got married in the Usa your marriage is valid in Argentina my dear. IF one day you decide to get married you will be in trouble because you would have to file for divorce and it will take YEARS until final decision once he lives in the USA.

[palmerita 1]

thanks for your response, my dear