Divorcing while AOS (merged)

[alexandru89 0]

Hello everyone! I came in the US with K-1 fiancee visa a while ago, and not a long time ago I found out my wife cheated on me, I do have the proof. I am still waiting for my documents (work,travel and GC), but I dont want to live with her anymore. What can I do? I don't want to leave US because she cheated on me... any advices?

Edited August 1, 2015 by alexandru89

[Transborderwife 4,666]

You won't pass your interview without her to get your greencard. That isn't a reason to stay either though. Without a bonifide marriage it's time to go home.

[alexandru89 0]

Hey, I know I asked this once but I will ask it again.

Friday I got in mail my Work Permit and my Travel Permit. For Green Card, as usual you have to wait longer.

I want to know, if I do divorce now, when i'm still waiting for green card, I will have to go back in my country? or I can stay with my EAD legal and trying to find a legal way to stay legal? I came with K-1 visa.

I want to intend the divorce because she cheated on me, and she does not treat me good at all.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Effects of Major Family Changes on Immigration Benefits ~

[Hypnos 6,576]

Unfortunately, if you divorce prior to the approval of your I-485 then you are no longer eligible for permanent residency, and would need to depart the US.

[KayDeeCee 4,893]

You may still be able to adjust, if your spouse would agree to still sponsor you and provide the I-864 for your AOS.

Matter of Sesay > http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3707.pdf

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and
(d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time
that the adjustment application is adjudicated, if the applicant can demonstrate that he or
she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa
petitioner.

Matter of Sesay questions and answers down on page 12 > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/October%202012/AILA-Liaison-Committee-meetingQA.pdf

[Hypnos 6,576]

The petitioner would need to be insane to agree to sign an I-864 in those circumstances, but technically it's possible.

[KayDeeCee 4,893]

I agree, but I have seen crazier things.

[NancyNguyen 1,657]

Go home is your only choice. Attorneys might advise against it though, vawa perhaps.

Edited September 9, 2015 by NancyNguyen

[Unidentified 2,930]

Go home is your only choice. Attorneys might advise against it though, vawa perhaps.

Vawa is for domestic abuse. Cheating is bad but it's not domestic abuse.

[Fan_Dancer 171]

You have to go home. Even with a green card you may not be able to stay if you don't have enough proof of a bona fide marriage.

[Penguin_ie 5,993]

***** Three posts removed for TOS violation and quoting same. Topic merged with Op's other topic on the same issue *****

Edited September 9, 2015 by Penguin_ie

[Ontarkie 14,193]

~~One post removed for Advocating fraud.~~

[Jawaree 717]

Cheating cant be a Vawa case, verbal threats, with-holding stuff can be a secondary cause , but never cheating

The OP has no valid cause for vawa posted here

[Unidentified 2,930]

Hello everyone! I came in the US with K-1 fiancee visa a while ago, and not a long time ago I found out my wife cheated on me, I do have the proof. I am still waiting for my documents (work,travel and GC), but I dont want to live with her anymore. What can I do? I don't want to leave US because she cheated on me... any advices?

There's nothing keeping you in the US if you divorce her. Why is it so important to stay in the US? You married her for love right? Not because she live in the US. Time to divorce, move on and go home.