Want to divorce before filing AOS

[California14 1]

Swearing alone does not substantiate mental abuse. Your only other option would be to divorce and file for VAWA. However I don't reccomend that as a first choice by any means. Did you report the physical abuse?

No i did not. it happened when i was pregnant. He kicked my back. I did not report because at the time i was thingking about my baby. We lived without family.

[onye uwaoma 131]

We have been going to marriage conselor but it does not work. Too many conflict and fighting. If i divorce before AOS, how do i can get GC? or if i file AOS and in the middle of processing i divorce what will happen?

If it is certain your marriage isn't working after you've tried your best to save it , then that is an unfortunate situation and you can divorce and move on with your life... But as far as adjusting status is concern you don't have any locus standi to apply. Maybe down the line you could explore the recent amnesty but I don't know how that is to be adjudicate either...

[Transborderwife 4,666]

. Maybe down the line you could explore the recent amnesty but I don't know how that is to be adjudicate either...

No she couldn't. You have to have been in the country since 2009.

[onye uwaoma 131]

You are asking for fraud when you have intention to divorce but still wants AOS jointly.

She is not asking for fraud... She is in a difficult situation and she don't know what to do hence she's in this forum talking to members to see what her options would be... I sympathize with her because she stated that they had tried too hard to save the marriage and it it not working... I hope they would find a way to work things out at least for the sake of their baby...

[California14 1]

If it is certain your marriage isn't working after you've tried your best to save it , then that is an unfortunate situation and you can divorce and move on with your life... But as far as adjusting status is concern you don't have any locus standi to apply. Maybe down the line you could explore the recent amnesty but I don't know how that is to be adjudicate either...I r

I read some article and it said for AOS must be filling within 2 year from the marriage. Is that true?

[onye uwaoma 131]

Try to resolve your conflicts. You're in a new country and with a child. It's going to be hard at first.

I agreed

[onye uwaoma 131]

My mother in law and my step father in law dont want i back to home. They want to help me being joint sponsor. What if i and my husband make agreement. We file AOS and i get my GC and after i get my GC we divorce. What will happen if i take this way?

It'll become fraud if you conceal any material facts in the process to get a green card. However, if you're honest and explain the situation to immigration just as it is they'll have the discretion to decide your case... Immigration for the most part is about being honest...

I think is not a fraud if we both have agreement because my mom in law wants i stay in US. She doesnt i back to home.

That sounds like a fraud to me...

[onye uwaoma 131]

So is that mean i can get my GC? They dont want i back to home.

Your husband and your in laws can't give you a green card the same way they can't take it away from you after it is being issued to you... The government only can give or take it...

Your MIL's desire is not immigration law's perspective. There is no such agreement, that's why they need a bona-fide marriage. You don't have working marriage but still make arrangement for your GC, that's called fraud.

Correct...

[Ontarkie 14,446]

~~Thread closed for TOS Violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. ~~