Divorce during AoS process

[Minori 111]

Hello

I am now on AoS process, just got RFE, but thinking of get divorce. It’ll take a couple months at least until divorce completed, I am now worried if I can be still in the USA until get divorced. I know I will need to stop AoS process, but if I want to stay in the USA until get divorce, maybe I should not tell uscis about that yet... this is just my thinking. 

 

Does anybody know about those things? 

Thank you in advance.

 

 

 

 

[Boiler 45,568]

Well you would e out of status and potentially deportable, why do you need to stay, usually they take more than a couple of months.

[RLA 323]

You do not actually need to "stop" the AOS process.  USCIS will do that for you when you tell them about your ongoing divorce, i.e., they will most certainly deny your AOS application.  Not sure how soon you'd be obligated to tell them, though.  During the interview, yes, or when the divorce is finalized, but maybe not before.  

[Minori 111]

1 hour ago, Boiler said:

Well you would e out of status and potentially deportable, why do you need to stay, usually they take more than a couple of months.

Thank you for your comment. I heard that I should not go back to my country before get divorced, because if I am out of the US,   It would be hard to handle that when my husband doesn’t do correctly. Because he always try to deceive those things. 

[Minori 111]

1 hour ago, RLA said:

You do not actually need to "stop" the AOS process.  USCIS will do that for you when you tell them about your ongoing divorce, i.e., they will most certainly deny your AOS application.  Not sure how soon you'd be obligated to tell them, though.  During the interview, yes, or when the divorce is finalized, but maybe not before.  

Thank you for your comment. 

Oh I see, yes, my AoS would be rejected anyways without going to the interview. 

I just want to come back to the us as tourist at least and I might get married in future so I don’t want it to be more confusing. 

[Boiler 45,568]

I assume he will pull the I 864 which will stop the process.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes from AOS Family - As similar topics are discussed here.~~