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kam777

Husband wants divorce before GC appointment

By kam777 in Effects of Major Family Changes on Immigration Benefits

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kam777 Rookie

kam777   2

Posted
Filed: AOS (pnd) Country: Tonga
 Timeline
Posted

Hi my husband is USC and we have 2 beautiful daughters 4yrs&1yr.March 1st I filed for AOS, received march 6,biometric on march 22,still waiting for ead & GC appointment. Yesterday I found out my husband having multiple affairs,I told him its over because of shock but I didn't mean we should divorce quick,now he want to file a divorce to interfere my GC, I am sure he is doing that to hurt me,I was F-1,i'm out of status, what will happen if he doesn't cooperate, or if he decided not to show up in the interview? Any input will be appreciated, thanks in advance!!!

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I & B
I & B

I agree it's off topic. But you are the one who injected it into this thread, not me. A lot of people use these forums and rely upon the information presented here. I haven't been a member very lon

VanessaTony
VanessaTony

You know, you need to stop with the stereotyping. Not all men are the same. Most people on here would say they would never date a Nigerian because they are cheaters and scammers and there's a lot of e

VanessaTony
VanessaTony

There is no abuse, and he doesn't "have" to let her stay. The whole point of it is to stop anchor babies. If parents of USC's (and a child is one simply by being born her) cannot be deported, that's w

Mogambi Community Regular

Mogambi   96

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

I'd seek the advice of a lawyer probably immediately. But basically, as I understand it, if he fails to show up for a GC interview, you'll be denied the GC for sure. Both parties have to attend. Now, I don't know what happens if your case is one that doesn't actually get an interview. If they just send you a 2 year GC in the mail, not sure what you are supposed to do.

But sounds like a meeting with a lawyer to understand your options might be prudent.

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

He doesn't need to "co-operate"... it is his choice. If he withdraws his support your GC will be denied and you will need to leave the country.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

kam777 Rookie

kam777   2

Posted
Filed: AOS (pnd) Country: Tonga
 Timeline
  • Author
Posted

Thank you all for reply, If the judge decide I should leave the country, can I leave with my kids? we have been married for over 2 years now. I will also try talk to the lawyer but I am stay home mom so I can't afford for now.

UK2ATL Explorer

UK2ATL   9

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Sadly it would simply not be approved as its based on marriage. If you already had a green card and you were applying for removal of conditions you would have a chance as he cheated on you.

My Immigration Progress

12/12/12 - Forms Sent (i-130, i-485, i-765, i-131, i-864)

12/13/12 - USCIS Received

12/18/12 - NOA's Received

12/24/12 - Biometrics Appointment Received.

01/03/13 - RFE Received (I-485)

01/08/13 - Biometrics Appointment, Atlanta, GA (27 days)

01/15/13 - EAD Approved (34 days)

01/15/13 - AP Approved (34 days)

01/15/13 - Interview ready for Scheduling

01/18/13 - EAD in Production

01/24/13 - EAD Card Received (Serves as Advance Parole) (43 Days)

01/25/13 - Applied for Social Security Number

01/31/13 - Social Security Number Received

02/25/13 - AOS Interview Scheduled for 03/27/13

03/27/13 - AOS Interview, Atlanta, GA - Approved on the spot! (105 days)

03/27/13 - Green Card ordered for production

04/04/13 - Green Card Received (113 Days)

UK2ATL Explorer

UK2ATL   9

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

I think you need to explain to him for the sake of your children to work things out so you and your children can live in the same country.

My Immigration Progress

12/12/12 - Forms Sent (i-130, i-485, i-765, i-131, i-864)

12/13/12 - USCIS Received

12/18/12 - NOA's Received

12/24/12 - Biometrics Appointment Received.

01/03/13 - RFE Received (I-485)

01/08/13 - Biometrics Appointment, Atlanta, GA (27 days)

01/15/13 - EAD Approved (34 days)

01/15/13 - AP Approved (34 days)

01/15/13 - Interview ready for Scheduling

01/18/13 - EAD in Production

01/24/13 - EAD Card Received (Serves as Advance Parole) (43 Days)

01/25/13 - Applied for Social Security Number

01/31/13 - Social Security Number Received

02/25/13 - AOS Interview Scheduled for 03/27/13

03/27/13 - AOS Interview, Atlanta, GA - Approved on the spot! (105 days)

03/27/13 - Green Card ordered for production

04/04/13 - Green Card Received (113 Days)

Nigerian Queen Enthusiast

Nigerian Queen   16

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

Its a toughy bcz you would need passports for the kids and both parent have to sign the application. Now if your husband agree to let you take the kids and leave. Then he probably will sign for their passports. Sorry that you have to go through this.

Nigerian Queen Enthusiast

Nigerian Queen   16

Posted
Filed: IR-1/CR-1 Visa Country: Nigeria
 Timeline
Posted

Like the first response get legal help. It should be a non profit organization in your town that deals with immigration assistance. I don't remember if your kids are American born, but if so. It maybe a way around you stayi.g bcz of your kids.

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Thank you all for reply, If the judge decide I should leave the country, can I leave with my kids? we have been married for over 2 years now. I will also try talk to the lawyer but I am stay home mom so I can't afford for now.

The only way to leave with the kids would be if he agrees, or if a Judge orders it. Otherwise no, the kids would stay and you would have to leave them here.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

kam777 Rookie

kam777   2

Posted
Filed: AOS (pnd) Country: Tonga
 Timeline
  • Author
Posted

Thank you all for replies, both my kids are USC and we have joint assets and all kind of prove, I wasn't sure if the divorce he want to file can take weeks or months to be final, not familiar. At this point I am not scared to be deported if that will be the case but I wouldn't want him to remain with kids since he knows nothing about raising, only a provider and also issues with women can affect my kids. Hope for the best, will keep you posted. Also my kids don't have passport, I didn't apply.

Newbie608 Rising Star

Newbie608   103

Posted
Filed: Citizen (apr) Timeline
Posted

If you both dont show up at the interview, it will be denied and possible removal proceeding for you. As the about poster suggested, try to work things out with your husband.

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

*** two topics merged and moved from AOS from Family/ AOS from Student visa to Effects of Major Changes forum ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

newlyweds2010 Proficient

newlyweds2010   208

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

You told him it's over. He agreed and wants to file for divorce. It looks like there is no viable relationship at this point. Even if the two of you showed up at the AOS interview, basically you'd have to lie to the IO by showing that your marriage is going well. It totally sucks because if that had happened 6 months from now you'd have been so much better off immigration-wise. At this stage, though, I don't see many options.

together4evr Experienced

together4evr   360

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

Have you filed the ROC paperwork?

When your interview comes, it will be put on hold/denied until your divorce paperwork comes in.

Then you prove you married in good faith.

Are both kids his? You married 2 years but have a 4 year old?

Gather all evidence of joint accounts now and hide them with a friend.

Get evidence of the cheating

There are free lawyers in most places.

If you divorce and ROC yourself how will you support yourself and the kids?

Good luck

May 24, 2011 NOA1

Sept 11, 2011 NOA2-took 19 days to get case number

Sept 30, 2011 NVC number and IIN received Friday-gotta wait till Monday

Oct 13, 2011 Case Completed- 13 days from receiving case number Took 32 days from NOA2

Nov 30, 2011 Notified of Interview date

January 19, 2012 Interview- 240 days from NOA1

INTERVIEW RESULTS-APPROVED WITH 14 WEEKS AP--but he got his visa in 56 days!!!!!!

PLEASE EDIT YOUR TIMELINE IN YOUR PROFILE SO OTHERS CAN LEARN HOW LONG EACH STEP TAKES IN THIS PROCESS

 
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