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klsanchez

Potential divorce with pending AOS

By klsanchez in Effects of Major Family Changes on Immigration Benefits

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klsanchez Rookie

klsanchez   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

I'm a UK citizen and I filed for AOS through marriage to a US citizen. We have only been married 5 months but it's just not working out so we have talked about divorce.

I've just received my EAD so my green card paperwork is still processing.

If we do get divorced what happens next?

- do I need to stay here until the divorce is final? Can I do that from the UK?

- If I go back to the UK will I be allowed back in to the USA if I ever want to visit friends? (I overstayed my ESTA and married him within 90 days but my paperwork wasn't filed til just after 90 days)

- What do I need to do in terms of contacting USCIS? I assume if we divorce then the grounds of filing the original petition are void so I need to let them know?

Any advice is much appreciated.

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You can divorce in absentia if necessary.

Since you overstayed on the VWP then you will not be able to use the VWP ever again, and will require a visa in order to visit the US.

The proper course of action would be to formally withdraw your I-485 and then depart the US.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

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

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

 
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