Seperation and possible divorce before interview. What should i do

[Chris4Christ 0]

My wife and I had a great marriage before things starts to fall apart. Presently, we are separated and i might have my first aos interview moment. And she will not attend with me.

 

What should i do? If its denied is there chances of reverse through court since we had a bonefide marriage for which i had some evidence like joint phone number, health insurance. She is in possession of our tax return paper for 2017 and she will not give me a copy.

 

Please, what are my chances of not getting deported.

 

Thanks for all the anticipated response

[geowrian 22,337]

So you are filing for AOS and therefore don't have a green card yet, right? What visa did you enter on?

 

If so, then if she withdraws the I-864 then you cannot AOS. Sorry, but that's just the way it is even if you can prove the marriage was entered into in good faith. You are filing for a green card on the basis of being married to a USC/LPR. As such, your petitioner (spouse) must provide an I-864 for you to adjust status. If she chooses not to do so, then there is no basis to AOS based on that marriage.

 

If she is willing to sponsor you still, then there is a way to proceed even if you divorce, but at that point I suggest seeking a lawyer as it would be an uphill battle.

 

Edit: You can request your own tax transcript from the IRS directly (assuming you filed jointly...if you filed separately then you can still request your own, but you would have been the one to file/sign it).

Edited July 29, 2017 by geowrian

[Chris4Christ 0]

31 minutes ago, geowrian said:

So you are filing for AOS and therefore don't have a green card yet, right? What visa did you enter on?

 

If so, then if she withdraws the I-864 then you cannot AOS. Sorry, but that's just the way it is even if you can prove the marriage was entered into in good faith. You are filing for a green card on the basis of being married to a USC/LPR. As such, your petitioner (spouse) must provide an I-864 for you to adjust status. If she chooses not to do so, then there is no basis to AOS based on that marriage.

 

If she is willing to sponsor you still, then there is a way to proceed even if you divorce, but at that point I suggest seeking a lawyer as it would be an uphill battle.

 

Edit: You can request your own tax transcript from the IRS directly (assuming you filed jointly...if you filed separately then you can still request your own, but you would have been the one to file/sign it).

I came on k1 visa. We have filled already and i have received my ead card waiting for gc. She is not going to take down the affidavit of support just that she will not go to the interview with me. And i might be denied based on that. Is there anyway oit should that happen? Can i win it in court since we're legally married and not for gc. On tax return i did not have my ead then neither was i working so she added me as the husband

Edited July 29, 2017 by Chris4Christ

[geowrian 22,337]

10 minutes ago, Chris4Christ said:

I came on k1 visa. We have filled already and i have received my ead card waiting for gc. She is not going to take down the affidavit of support just that she will not go to the interview with me. And i might be denied based on that. Is there anyway oit should that happen? Can i win it in court since we're legally married and not for gc 

If she doesn't attend the interview with you, it will look very poorly on your case and there is a good chance for denial. You will also need to be honest that you are separated, which also will be an issue. Honestly, your chances of approval without her at the interview are extremely slim. The best bet is to seek a lawyer who can try to proceed based on previous case law permitting AOS during/after separation. The name of the court case with precedent is escaping me right now, sorry. But it is difficult to prove, and not something I suggest doing on your own. I woudl suggest seeking out professional help to go that route and delay the interview, if possible.

 

Are you certain she will not withdraw the affidavit of support? She can do so without your notice or approval, and can do so at any time prior to approval of your I-485. Edit: Many K-1 applicants don't get an interview, too.

 

You cannot AOS via any other means or any other petitioner while in the US. This is a drawback of entering on a K-1 visa. You must AOS via that petitioner, or leave the country prior to obtaining permanent residence (i.e. via a different petitioner).

 

You can fight it in court, but it will definitely be an uphill battle. And she can withdraw the I-864 at any time and stop the process completely.

Edited July 29, 2017 by geowrian

[geowrian 22,337]

It was Matter of Sesay (25 I&N Dec. 431 (BIA 2011)).

[Chris4Christ 0]

On 7/29/2017 at 5:13 PM, geowrian said:

If she doesn't attend the interview with you, it will look very poorly on your case and there is a good chance for denial. You will also need to be honest that you are separated, which also will be an issue. Honestly, your chances of approval without her at the interview are extremely slim. The best bet is to seek a lawyer who can try to proceed based on previous case law permitting AOS during/after separation. The name of the court case with precedent is escaping me right now, sorry. But it is difficult to prove, and not something I suggest doing on your own. I woudl suggest seeking out professional help to go that route and delay the interview, if possible.

 

Are you certain she will not withdraw the affidavit of support? She can do so without your notice or approval, and can do so at any time prior to approval of your I-485. Edit: Many K-1 applicants don't get an interview, too.

 

You cannot AOS via any other means or any other petitioner while in the US. This is a drawback of entering on a K-1 visa. You must AOS via that petitioner, or leave the country prior to obtaining permanent residence (i.e. via a different petitioner).

 

You can fight it in court, but it will definitely be an uphill battle. And she can withdraw the I-864 at any time and stop the process completely.

One thing I am certain is that she will not withdraw the i-864. She's not that type besides i am working right now but going to the interview is the problem. She's not a girl that can pretend just to make it work. I wish there won't be interview so we can have time to make up again

[geowrian 22,337]

2 minutes ago, Chris4Christ said:

One thing I am certain is that she will not withdraw the i-864. She's not that type besides i am working right now but going to the interview is the problem. She's not a girl that can pretend just to make it work. I wish there won't be interview so we can have time to make up again

Alright. The only reason I keep bringing it up is because any competent divorce attorney will raise the concern and likely suggest withdrawing it.

 

Please keep us updated.

[sweetadams 138]

2 hours ago, Chris4Christ said:

One thing I am certain is that she will not withdraw the i-864. She's not that type besides i am working right now but going to the interview is the problem. She's not a girl that can pretend just to make it work. I wish there won't be interview so we can have time to make up again

Baba, how far?  dm here make we talk. i see your post here. 

[Chris4Christ 0]

On Monday, July 31, 2017 at 8:58 AM, sweetadams said:

Baba, how far?  dm here make we talk. i see your post here. 

Who be dis

[sweetadams 138]

10 hours ago, Chris4Christ said:

Who be dis

Your brother from another mother with green white green blood....