Divorce before the 2 yrs GC

[Crisfrombrazil 0]

Hello everyone, i am married an american since may 10th 2014, has been very hard, but recently i found out he has been cheating on me for 2 months. This is not the first time, i have forgiven once but now i really want the divorce, we applied for the 2 yrs GC in may 30th, i have my EAD, i received the waiver letter saying that i may not have to do the interview for the GC, just wait to get it in the mail. I want to know if there is a way to divorce without the GC and saty in USA? Or do i have to wait for the GC? If i divorce without the greencard will i stay illegal or send back to Brazil? Thank you very much!

[Newbie608 103]

Did you come here on a K-1 visa to have your interview waived?

I would suggest waiting until you at least have your conditional GC in hand before.

[Caryh 5,206]

You're on a K-1 visa. If you leave your husband, and he pulls the I-864 form, your green card will be denied. That would leave you with no legal status in the USA, and your EAD immediately becomes invalid. You could leave on your own, or stay illegally until you're picked up and deported.

Just curious, why do you want to stay if your marriage is falling apart because your husband is cheating?

[Crisfrombrazil 0]

You're on a K-1 visa. If you leave your husband, and he pulls the I-864 form, your green card will be denied. That would leave you with no legal status in the USA, and your EAD immediately becomes invalid. You could leave on your own, or stay illegally until you're picked up and deported.

Just curious, why do you want to stay if your marriage is falling apart because your husband is cheating?

Because i already made a life here, i have 2 jobs, i go to school, everything that i quit because of him i am getting back now, i am 28 yrs old and i want to keep living not keep restarting.

[Caryh 5,206]

Because i already made a life here, i have 2 jobs, i go to school, everything that i quit because of him i am getting back now, i am 28 yrs old and i want to keep living not keep restarting.

Fair enough. Its just you had not been here all that long. My wife would still no doubt head back to her home country if we split apart, and we've been married for three years.