Husband wants divorce before GC appointment

[newlyweds2010 208]

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

She's talking AOS

[AnotherLostSoul 167]

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

As newlywed says: She is doing AOS. Read the original post...

[kam777 2]

She's talking AOS

we have been together for 4 years, living together but we got married march 2011,and yes both kids are his.

[belinda63 3,047]

For the AOS, she has no green card as of yet, you must have the spouse there. You are requesting to adjust status to a US permanent resident based upon your marriage to a US citizen. If your spouse does not come to the interview, and there will be an interview, you will be denied because you have no legitimate marriage from which to adjust. Usually when you are denied you will receive a letter giving you thirty days to file an appeal and it will also list a date by which you must leave the country if you don't appeal. If you do not leave by the date given you will be subject to detention and deportation.

As to the children,lacking a Court Order or the cooperation of the father, you will not be permitted to take them outside the country.

[CharliesAngel13 7]

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.

What state do u live in? (edited to remove TOS violation) I hate cheaters!!! Thats y i hate American men!! Lol my fiance (beneficiary) is Nigerian!! Much better morals of character for marrige anyways lol and when genuine!! All in all, better breed of men!! American men tend to b masoginists!!

Edited April 5, 2013 by Kathryn41
post edited to remove TOS violation

[VanessaTony 3,567]

What state do u live in? (edited to remove TOS violation) I hate cheaters!!! Thats y i hate American men!! Lol my fiance (beneficiary) is Nigerian!! Much better morals of character for marrige anyways lol and when genuine!! All in all, better breed of men!! American men tend to b masoginists!!

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 evidence on here and the rest of the internet to back that up. Percentages are on the "bad" side. I'm happy you think you found a good one, that's all that matters.

My husband is neither a cheater nor a scammer. Everyone says that about their spouse of course until it happens to them. All that matters is what you believe, and I believe my husband would never cheat on me, because of his character, what he's said, and what he's been through. I have yet to meet a person that hates my husband so that bodes well of course.

Edited April 5, 2013 by Kathryn41

[kam777 2]

For the AOS, she has no green card as of yet, you must have the spouse there. You are requesting to adjust status to a US permanent resident based upon your marriage to a US citizen. If your spouse does not come to the interview, and there will be an interview, you will be denied because you have no legitimate marriage from which to adjust. Usually when you are denied you will receive a letter giving you thirty days to file an appeal and it will also list a date by which you must leave the country if you don't appeal. If you do not leave by the date given you will be subject to detention and deportation.

As to the children,lacking a Court Order or the cooperation of the father, you will not be permitted to take them outside the country.

Thank you, I have not receive the appointment letter yet, and until now I am not sure if we will work things out or it will end up to court, it is early to tell.

[kam777 2]

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 evidence on here and the rest of the internet to back that up. Percentages are on the "bad" side. I'm happy you think you found a good one, that's all that matters.

My husband is neither a cheater nor a scammer. Everyone says that about their spouse of course until it happens to them. All that matters is what you believe, and I believe my husband would never cheat on me, because of his character, what he's said, and what he's been through. I have yet to meet a person that hates my husband so that bodes well of course.

Actually my husband is from Africa, but we from different countries and yes any men can cheat, you will never know until you find yourself in that situation. I will post when I get any updates, thank you all for comments.

[VanessaTony 3,567]

Actually my husband is from Africa, but we from different countries and yes any men can cheat, you will never know until you find yourself in that situation. I will post when I get any updates, thank you all for comments.

You will see I quoted CharliesAngel. That means my comment was directed at her and her Nigerian fiance.

[CharliesAngel13 7]

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 evidence on here and the rest of the internet to back that up. Percentages are on the "bad" side. I'm happy you think you found a good one, that's all that matters.

My husband is neither a cheater nor a scammer. Everyone says that about their spouse of course until it happens to them. All that matters is what you believe, and I believe my husband would never cheat on me, because of his character, what he's said, and what he's been through. I have yet to meet a person that hates my husband so that bodes well of course.

Your right, i should have used the term "some" and of course there r cheaters in all cultures n races... Didnt really intend to stereotype... I was actually just speaking about our cultural statistics... Numbers of American men cheating are greater then the muslim and islamic cultures.. I studied cultural diversity in great depth in college and since graduating in 2010.. Numbers have actually increased... That is the leading cause of divorce in the US! However that number comes from cheating women lol go figure huh? Anyways, i didnt mean to impliment "all" American men...sorry about that.

[I & B 273]

Your right, i should have used the term "some" and of course there r cheaters in all cultures n races... Didnt really intend to stereotype... I was actually just speaking about our cultural statistics... Numbers of American men cheating are greater then the muslim and islamic cultures.. I studied cultural diversity in great depth in college and since graduating in 2010.. Numbers have actually increased... That is the leading cause of divorce in the US! However that number comes from cheating women lol go figure huh? Anyways, i didnt mean to impliment "all" American men...sorry about that.

Sounds like you are just making stuff up to support your pre-existing perception of the world. I'd love to see an actual cross-cultural study of infidelity with a reliably administered questionnaire and rigorous analysis. Unfortunately, as far as I can tell, no such study exists. So you should probably stop just straining so hard to pretend your opinion is rooted in fact.

[Darnell 8,479]

Oh No ! I got implimented !!!! Help !

---

Meanwhile, back at the OP.

If there's an interview, and if he doesn't show up, then it's impossible to prove there's a bonafide marriage to the IO's satisfaction and guidelines.

Can't 'prove up'? AOS denied.

It doesn't kill everything, but kills most. For example, if you divorce and marry with another USCitizen, you can file again (based on your prior F-1 visa type) but it'll get more scrutiny.

Sorry he's being a douche, really !

[Peter_Pan 661]

Your right, i should have used the term "some" and of course there r cheaters in all cultures n races... Didnt really intend to stereotype... I was actually just speaking about our cultural statistics... Numbers of American men cheating are greater then the muslim and islamic cultures.. I studied cultural diversity in great depth in college and since graduating in 2010.. Numbers have actually increased... That is the leading cause of divorce in the US! However that number comes from cheating women lol go figure huh? Anyways, i didnt mean to impliment "all" American men...sorry about that.

I can see how much you studied. What is the difference between muslim and islamic cultures anyway? Men cheat in those too, the difference is that women are educated to take that as a given and/or accept cheating/multiple women/multiple wives as the norm. A country with a low number of prisoners is not necessarily a country in which people dont commit crimes - may just as easily be one in which they are not punished.

[TBoneTX 46,173]

i am highly educated and dam proud of it!!

A bit more attention to spelling would enable people to concentrate more fully on your points, rather than be distracted by the presentation of them.

[cornwallloz 1]

I'm so sorry to read this, I hope you are keeping strong. I am in the K1 process right now, and I thought I remembered reading something about what to do if your marriage terminates before your AOS. It sounds crazy to me that you would be FORCED to leave your children behind (particularly if you believe this would cause some hardship to them as you said he is not much of a care-giver) and what's more is that YOU married this guy in good faith and he cheated...so you have to be deported because he cheated??

I would DEFINITELY speak to a lawyer about not leaving the country - maybe you can get AOS by yourself given the circumstance and as there are children involved, or apply for a visa as a parent of a US citizen(s). If you left and then did this you may be parted from for a long time while it is processed. In England a marriage terminated on the grounds of infidelity puts the power in the hands of the complainee, and you are their mother and primary caregiver.

Maybe I have a bit of an uneducated opinion on how this works - but essentially my view is that this is not your fault, and you should not have to be separated from your kids and leave the country because of his cheating. I think you have a case to stay. Speak to a lawyer!