AOS on process but decided to end the marriage

[lairemrice 0]

we entered into marriage in good faith,we love each other and we were happy.but after a few weeks of our married life eventually my spouse's love for me has changed.until such time we always had a misunderstanding.i always got mad at him because I can feel his love is getting cold.and now finally he just wanna get rid of me and send me back home.what will be my status for that.my AOS is still on process..do I have a fight for my rights?.can he file annulmet for me or divorce?

[carton025 38]

I'm sure "others" here will have very differing opinions. But, it is my understanding that once the AOS has been filed you can continue the process and if everything is ok with the petition and possible interview, get your 2 yr. GC. Please keep in mind that if you move to a new address you will need to file the "change of address" with the USCIS. And, if desired, later get your 10 yr. GC - probably after 5 years. Yes, your husband can file for divorce/annullment but it should not have any effect on you getting the 2 yr. GC since the petition has already been filed.

I would encourage others to state a reference or from personal experience as to why my "opinion" may not be valid. I base my "opinion" on personal experience from others and from a Yahoo group called MAG-ANAK that specializes on filipino/american relationships.

[lairemrice 0]

thanks for that reply @carton025..it will be bad if he will file an annulment coz our marriage will be said to be null and void and they can still remove my greencard.good if he will file a divorce.and he is really determined to send me back home..what will I do?,,is it right that I will oppose for the annulment and fight to have file for a divorce?i could have stayed in my aunts house if our marriage is finalized.but what about the interview..what if there is an interview I couldn't bring him up to the immigration.

[Hypnos 6,578]

The green card would be for the purpose of family reunification, but if you're either getting divorced or the marriage is being annulled then there's no family left to unify.

If your husband pulls his I-864 then the green card cannot be issued. You should make preparations to return to the Philippines.

[NigeriaorBust 4,087]

As a k1 visa entrant you can only adjust and stay based on married to the petitioner. He will be pulling his support of the petition so there is no path for you to stay based on your current entry. The only path would be based on abuse and there doesn't seem to be any. False claims of abuse would cause you to be banned from ever coming back to the US. I would make plans to return home

[Pitaya 2,577]

~Moved from Family-based AOS to Effects of Major Family Changes on Immigration Benefits Forum~

~More appropriate discussion forum~

[belinda63 3,041]

He can withdraw his I-864 and/or refuse to attend the interview. You are not entitled to a green card if you have no marriage since the entire purpose of the K-1 visa is to allow you to marry and be with a US citizen. You cannot obtain the green card without the original petitioner.

Ask him to provide you a ticket back home as you have no way to legally remain in the US if he refuses to cooperate with the greencard process.

He can file for divorce.

[mike56427 6]

thanks for that reply @carton025..it will be bad if he will file an annulment coz our marriage will be said to be null and void and they can still remove my greencard.good if he will file a divorce.and he is really determined to send me back home..what will I do?,,is it right that I will oppose for the annulment and fight to have file for a divorce?i could have stayed in my aunts house if our marriage is finalized.but what about the interview..what if there is an interview I couldn't bring him up to the immigration.

...if I was the interviewer...divorce after a couple of weeks...no abuse...staying with aunt(?)...nah...I'd pull the plug on this one .... Next time,make a better choice in selecting a partner...or alternatively, don't split up until the green card is secure.

[Darnell 8,479]

I'm sure "others" here will have very differing opinions. But, it is my understanding that once the AOS has been filed you can continue the process and if everything is ok with the petition and possible interview, get your 2 yr. GC. Please keep in mind that if you move to a new address you will need to file the "change of address" with the USCIS. And, if desired, later get your 10 yr. GC - probably after 5 years. Yes, your husband can file for divorce/annullment but it should not have any effect on you getting the 2 yr. GC since the petition has already been filed.

I would encourage others to state a reference or from personal experience as to why my "opinion" may not be valid. I base my "opinion" on personal experience from others and from a Yahoo group called MAG-ANAK that specializes on filipino/american relationships.

That path is available for VAWA, and you not mention VAWA.

So, without filing for VAWA, the steps you've outlined really smack of fraud, a path for fraud, a path for fraudulently getting a green card based on the slowness of USCIS adjudicating cases compared to the divorce-granting timeliness in county court.

What you've outlined is a loophole, and the folk you've read about took advantage of the loophole. IMO, it's not a safe approach.

[EndlessStory 53]

People that took advantage of that makes others that still wants to continue their relationship having a hard time in obtaining visa.

If your marriage end, I don't think you need to stay in the United States. If only your main purpose isn't having a family but living in United States then that clearly says fraud.

I am suggesting you to leave if your marriage is coming to an end

[Boiler 45,930]

What rights do you think you have?

[Loveforever143 13]

you cant AOS anymore but to go back home and hope to find another american to marry one day..

[InHisTime 110]

What rights do you think you have?

Hey Boiler, that is why she came on this forum to ask if she has rights ? OP doesn't have idea about the "effects"... on the worst-case scenarios.

OP, I can feel your circumtances. Am not sure if your marriage is still workable, you are the one who knows it. Since you both are now married, I hope the two of you will try and try working out, not giving up that soon. Marriage should be a lifetime bond. A marriage has to be work out continuosly, it will never come to perfect though. By learning to accept each other especially in tough times will definitely make the relationship better.

HOWEVER,

Just in case it didn't really work out, then you should get ready yourself to come home. Make sure your husband files divorce to free you. As a good gesture, I hope your husband will get you a ticket to get home, if not, hopefully you could source out, maybe your aunt can help you.

With your situation now, I hope you don't allow yourself to get abuse knowing that you need him to get your GC. I have read stories here, wherein, bitter petitioners tried controlling the immigration benefits of the immigrants.

There are also beneficiaries who accused their petitioners of "abuse", thus filing for VAWA, even it isn't true, just a way to get the GC. You are the one who knows the truth and your cimcumtances.

The best thing if it didn't work out prior to obtaining GC is to come home. GC is nothing if you are not happy. Always respect and value yourself. A good husband should protect you, not make you feel neglect and miserable.

I hope this 2014 will give you light and hope. Pray to God for guidance and strength. You will be fine in the end. Happy new year !

[Boiler 45,930]

She said she had rights and wanted to know is she had to fight for them.

Otherwise I agree.

[lairemrice 0]

Hey Boiler, that is why she came on this forum to ask if she has rights ? OP doesn't have idea about the "effects"... on the worst-case scenarios.

OP, I can feel your circumtances. Am not sure if your marriage is still workable, you are the one who knows it. Since you both are now married, I hope the two of you will try and try working out, not giving up that soon. Marriage should be a lifetime bond. A marriage has to be work out continuosly, it will never come to perfect though. By learning to accept each other especially in tough times will definitely make the relationship better.

HOWEVER,

Just in case it didn't really work out, then you should get ready yourself to come home. Make sure your husband files divorce to free you. As a good gesture, I hope your husband will get you a ticket to get home, if not, hopefully you could source out, maybe your aunt can help you.

With your situation now, I hope you don't allow yourself to get abuse knowing that you need him to get your GC. I have read stories here, wherein, bitter petitioners tried controlling the immigration benefits of the immigrants.

There are also beneficiaries who accused their petitioners of "abuse", thus filing for VAWA, even it isn't true, just a way to get the GC. You are the one who knows the truth and your cimcumtances.

The best thing if it didn't work out prior to obtaining GC is to come home. GC is nothing if you are not happy. Always respect and value yourself. A good husband should protect you, not make you feel neglect and miserable.

I hope this 2014 will give you light and hope. Pray to God for guidance and strength. You will be fine in the end. Happy new year !

hello InHisTime,I assumed you understand my situation.i thank you for that.il just share my story to prevent from judgment in me..I came here in the US with the intention to spend the rest of my life with my husband now.I love him so genuinely,only God can explain how deep is my feelings for him despite age gaps,looks,and not wealthy status in life i still choose to marry him because i love him.i married him in good faith..despite the fact that he lied to me.coz he got a girl pregnant while i was still in Philippines and he cant marry her due to faith differences.when my 90-day is about to expire i let him choose wether to send me home or marry me with all his heart.he choose me to stay which really makes me so happy.we were so happy and so inlove at first.i can tell that was the happiest moment in my life.but time passes by.the baby was born..things has changed eventually,how he love me,care for me,make sweet moments with me,it was like fading.i got upset with him a couple times because he just keep ignoring me.i didn't just talk and just keep silent even it hurts me.we don't have problem with the baby coz i love his baby like my own.until time came that i confronted him because he is hurting me what he is doing.and he just said that things has changed,his feelings for me has hanged also.he is like nothing is more important to him except the baby.its his first baby at age of 52.losing me is just ok with him. it hurts me so bad.it broke my heart so badly.i just cant believe what i heard.i tried to ask if he could try to love me the way he did before but he didn't give a chance and said it will not work out anymore.its not easy to beg someone to love you back and rejected you.he did not see what i gave up just to be with him..this things happen on Christmas day.and its the worst Christmas ever in my life.a teary Christmas.he brought me to this place with no one and just leave me alone with a broken heart.it was really devastating..now i tried to ask some help what to do coz i ask him what is his plans for me.he just said he will talk to a lawyer.my AOS is still on process.what if there is an interview and i couldn't bring him up.do you think the immigration will consider my case.its not my fault that our marriage didn't work out.can some Filipino group help me to convinced the immigration to consider my case.