Can she stay in US even if her husband wants her to go home

[Californiansunset 336]

2 minutes ago, bad4tatt said:

If I understand this correctly, she has only been here 6 months and her AOS was filed within that time? Has her AOS been approved yet? 6 months seems really fast for AOS of any kind. 

No one is reading OP's original post in which she stated "she’s just waiting for her EAD and Greencard to be sent via mail"!!!!!!! So nothing seems to be approved yet if he hasn't even received her EAD yet

Edited January 10, 2018 by Californiansunset

[payxibka 10,045]

Just now, amaada said:

Thank you! I hope he will just file for divorce before he sends her home at least it will be clear to her.

 

can he file for divorce even if she’s in her home country? 

Absolutely.  In the USA divorce can be filed in the place of residence of either party even if the other party is in abstentia

 

[amaada 18]

2 minutes ago, bad4tatt said:

If I understand this correctly, she has only been here 6 months and her AOS was filed within that time? Has her AOS been approved yet? 6 months seems really fast for AOS of any kind. 

Yes her AOS was already approved. She has only been here for 6months.

 

True, it was fast. Just like what happened to my AOS.

 

Her timeline is almost similar to mine.

 

She did her biometrics first week of December like mine.

[bad4tatt 168]

Just now, Californiansunset said:

No one is reading OP's original post in which she stated "she’s just waiting for her EAD and Greencard to be sent via mail"!!!!!!! So nothing is approved yet

You're right, I read it but missed the EAD part of it. My thinking is an AOS interview is required and If husband does not show up that might be a problem??? So unfortunate that relationships fail so quickly. Wish her all the best regardless!

[Californiansunset 336]

2 minutes ago, bad4tatt said:

You're right, I read it but missed the EAD part of it. My thinking is an AOS interview is required and If husband does not show up that might be a problem??? So unfortunate that relationships fail so quickly. Wish her all the best regardless!

Turns out you were right and it was just poorly communicated from the OP. No need for EAD since AOS is already approved. 

[amaada 18]

4 minutes ago, payxibka said:

Absolutely.  In the USA divorce can be filed in the place of residence of either party even if the other party is in abstentia

 

Gotcha! Thank you so much

[Californiansunset 336]

Just now, amaada said:

Gotcha! Thank you so much

Just to clarify it because you've been contradicting yourself... she already has her AOS Greencard approved so her interview was waived and the next step would be in two years to Remove conditions?

[amaada 18]

1 minute ago, Californiansunset said:

Just to clarify it because you've been contradicting yourself... she already has her AOS Greencard approved so her interview was waived and the next step would be in two years to Remove conditions?

I’m so sorry for the confusing statement.

 

The filing for AOS was approved. But the approval for greencard or EAD wasn’t released yet.

[Californiansunset 336]

Just now, amaada said:

I’m so sorry for the confusing statement.

 

The filing for AOS was approved. But the approval for Greencard or EAD wasn’t released yet.

Ah okay so nothing is approved yet, all she did was file her AOS application (there's no approval for filing AOS, if the AOS is approved that means that she received her Greencard). 

It takes around 6-8months right now for people to receive their Greencard without interview (which she should be hoping for giving her situation). If she hasn't even received her EAD yet I'm guessing her wait time has been below 3 months. So she is potentially looking at at least another 3 months of waiting for her Greencard and to have a fully legal status that lets her stay without her husband's permission and support. Looking at that timeline it gives the husband plenty of time to figure out how to pull his I-864 and hence her chance to adjust status. 

[amaada 18]

1 minute ago, Californiansunset said:

Ah okay so nothing is approved yet, all she did was file her AOS application (there's no approval for filing AOS, if the AOS is approved that means that she received her Greencard). 

It takes around 6-8months right now for people to receive their Greencard without interview (which she should be hoping for giving her situation). If she hasn't even received her EAD yet I'm guessing her wait time has been below 3 months. So she is potentially looking at at least another 3 months of waiting for her Greencard and to have a fully legal status that lets her stay without her husband's permission and support. Looking at that timeline it gives the husband plenty of time to figure out how to pull his I-864 and hence her chance to adjust status. 

Oh. I stand corrected.

 

Thank you so much, that makes it clear for me now.

 

so if husband pulls his I-864, I can’t offer her to stay with me since it will be an illegal stay 

[Californiansunset 336]

6 minutes ago, amaada said:

Oh. I stand corrected.

 

Thank you so much, that makes it clear for me now.

 

so if husband pulls his I-864, I can’t offer her to stay with me since it will be an illegal stay 

Correct, given that you are not even a US citizen it would put you in a tricky situation if you let her stay once her status is considered illegal.

Maybe her husband will also just calm down and re-think his decision to send her home. Although I don't know whether it's good for her to be with someone who immediately wants to send her home when things don't seem to go so well... 

[amaada 18]

5 minutes ago, Californiansunset said:

Correct, given that you are not even a US citizen it would put you in a tricky situation if you let her stay once her status is considered illegal.

Maybe her husband will also just calm down and re-think his decision to send her home. Although I don't know whether it's good for her to be with someone who immediately wants to send her home when things don't seem to go so well... 

Gotcha! Thank you for taking time answering my questions. So I am now reconsidering if I would let her stay with me.

 

That’s true. I hope the everything will work out fine for them.  ☹️

 

[Redheadguy03 505]

Why would she want to stay if the man doesn't want her too? Doesn't seem like that'd be too fun. 

 

Basically, if the husband pulls sponsorship, she has to go home. Unless she can file for VAWA, which doesn't seem to be the case. 

[Californiansunset 336]

15 minutes ago, amaada said:

Gotcha! Thank you for taking time answering my questions. So I am now reconsidering if I would let her stay with me.

 

That’s true. I hope the everything will work out fine for them.  ☹️

 

You can let her stay with a good conscience as long as she has a pending case (the husband hasn't pulled the support yet meaning he has cancelled the I-864 or divorced her). 

[amaada 18]

6 minutes ago, Redheadguy03 said:

Why would she want to stay if the man doesn't want her too? Doesn't seem like that'd be too fun. 

 

Basically, if the husband pulls sponsorship, she has to go home. Unless she can file for VAWA, which doesn't seem to be the case. 

That’s true. But to her they are already married and she doesn’t like divorce. She married him for good and it doesn’t make sense to her why go through everything, marry her and all that and then divorce.

 

 

Edited January 10, 2018 by amaada
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