Stopping an AOS

[redsaid79 0]

Hello All,

Wife came the the US on a Fiancee visa and is currently having an affair

1. She just recently got approved for conditional green card (Marriage is less than 2 yo)

2. We've gotten no green card and no request for interview

Can i stop this process for citizenship?

I was going to write a letter to my local field office and see what they have to say about this

Thanks in advnce

[Dianalorena 1,153]

I know you're understandably hurt, but give yourself some time to think it through. Is there a solution? is therapy completely out of the question?  No way you can work on your marriage at all, have you talked/confronted her? getting that out of the way:  

 

1. If she already got her conditional green card, she can remove conditions without you with a divorce waiver, (sounds that is where you're heading)  later on.  The burden of proving the relationship was entered in good faith, depends on her. You can withdraw your AOS. 

2. Is she approved and just waiting for the actual plastic? Is it the AOS interview you're talking about? 

3. The citizenship can be requested after three years of being married to a USC. If you're no longer together when/if she wants to file for citizenship,  she will have to wait five years instead. Why do you want to stop the process, what do you get out of it?

 

''writing a letter to your local field office and seeing what they have to say about this'' sounds like you're just pretty much just seeking revenge because she cheated. I'm sorry for being blunt, but you're not the first or the last person, we very regularly get people on the forums that are going through the same and most of them say the same thing: they want their spouses ''sent back'' or to somehow stop their immigration process. Your wife is not an Amazon package you can send back because it's no longer convenient. 

 

If your marriage is bonafide, it is not an immigration issue. Even if it was, (you didn't mention if you suspect it was entered for immigration purposes, it so I'm just assuming) if you think the damage is irreparable, your best bet is to divorce and move on. But think things through, I even read from people that in the heat of the moment got a divorce because they had a problem in their marriage, just to reunite later on and have to go through the immigration process all over again.

These things happen, unfortunately. 

Good luck 

 

 

 

 

 

[mushroomspore 3,044]

47 minutes ago, redsaid79 said:

Hello All,

Wife came the the US on a Fiancee visa and is currently having an affair

1. She just recently got approved for conditional green card (Marriage is less than 2 yo)

2. We've gotten no green card and no request for interview

Can i stop this process for citizenship?

I was going to write a letter to my local field office and see what they have to say about this

Thanks in advnce

Wait, how does your wife have a conditional GC yet you say you guys do NOT have a GC or interview yet? Do you mean you are waiting for the physical card to arrive in the mail?

 

No you cannot stop her from applying for citizenship even if you guys divorce. The burden will be on her as she is the immigrant to prove her original marriage to you was legitimate and NOT for the purpose of gaining immigration benefits. After a divorce, you'll basically be removing yourself entirely from her immigration process. Writing to your field office will also do nothing. Their job is done with you guys for now if your wife was approved for her 2 year GC. They do not revoke GC's or permanent resident status or deport people just because they get divorced from their American spouses. It doesn't work like that. Even for obviously fraudulent cases where there is clear evidence of deception, investigations take a long time and a lot of resources.

 

The dissolution of your marriage will only be pertinent to them when/if your wife files I-751 to gain an unconditional GC and provides paperwork the divorce went through and was finalized (or not if you guys end up staying together but this sounds unlikely). They are not here to put people on trial or to punish them for marriage problems. That's not their concern. 

 

Sorry this happened and it's understandable if you don't want to try to work things out with her. I don't think I'd be able to either. But really, your only options are to try to work it out with her or divorce her and leave it all behind. 

Edited June 30, 2018 by mushroomspore

[Crazy Cat 41,921]

2 minutes ago, mushroomspore said:

She just recently got approved for conditional green card

What do you mean by this?

[Amadia 711]

I don't know about your personal relationship but it sounds like she entered into this marriage for immigration benefits. Also, signs of infidelity can be seen during a relationship.....were there no signs you saw from her? Are you treating her right?

 

Writing a letter won't do much in getting her removed but you should try getting couples therapy to cipher the root cause for her cheating.

 

I hope you both work things out.

[redsaid79 0]

We filed I485 and received a NOA which says: "Notice Type: Approval Notice Section: Person admitted to US as Fiance(e). Im assuming that means a conditional green card

 

[Crazy Cat 41,921]

I thought all AOS cases were getting interviews........did she also file for EAD and AP?

[redsaid79 0]

1 minute ago, missileman said:

I thought all AOS cases were getting interviews........did she also file for EAD and AP?

Yes, just the EAD. So what was the NOA approval notice about?

[Crazy Cat 41,921]

Just now, redsaid79 said:

Yes, just the EAD. So what was the NOA approval notice about?

I could be wrong about all AOS cases being interviewed.......I'll defer to those AOS experts........

@geowrian

[mushroomspore 3,044]

@missileman I know K1 cases had the possibility of NO interview but recently I've heard more K1 cases getting interviews so I think you might be right.

 

@redsaid79 That sounds like NOA2 for K1 cases, which is NOT the same as a full-on green card approval. NOA2 means your fiance(e) visa petition (NOT the adjustment of status) was approved. There is a big difference. I Googled "NOA2 K1" and it is clear from the notice's text that it is not for a green card approval.

Edited June 30, 2018 by mushroomspore

[redsaid79 0]

1 minute ago, mushroomspore said:

@missileman I know K1 cases had the possibility of NO interview but recently I've heard more K1 cases getting interviews so I think you might be right.

 

@redsaid79 That sounds like NOA2 for K1 cases, which is NOT the same as a full-on green card approval. NOA2 means your fiance(e) visa petition (NOT the adjustment of status) was approved. There is a big difference. 

No, the visa petition was approved 2 years ago. Its how she entered the US. This NOA was issued after a RFE for vaccinations was sent in relative to the AOS

[KazuriSana 324]

3 minutes ago, redsaid79 said:

No, the visa petition was approved 2 years ago. Its how she entered the US. This NOA was issued after a RFE for vaccinations was sent in relative to the AOS

 

In the second column of the first row of the NOA, Case Type: What is written here?

[mushroomspore 3,044]

8 minutes ago, redsaid79 said:

No, the visa petition was approved 2 years ago. Its how she entered the US. This NOA was issued after a RFE for vaccinations was sent in relative to the AOS

Ah I see. When was this notice sent to you? So basically, her physical GC has not arrived?

[redsaid79 0]

4 minutes ago, BlessedAssurance said:

 

In the second column of the first row of the NOA, Case Type: What is written here?

Approval Notice Section: Person admitted to US as Fiance(e) 

[Mmagic 127]

43 minutes ago, redsaid79 said:

We filed I485 and received a NOA which says: "Notice Type: Approval Notice Section: Person admitted to US as Fiance(e). Im assuming that means a conditional green card

 

Notice Type: Approval Notice Section: Person admitted to US as Fiance(e)

This means they will let you know about the time and date of your interview. This does not mean she is approved for green card.