Divorce & working permit?

[fredtech 0]

I filled for AOS in January and unfortunately my marriage is going down the drain...

I just received my temporary working permit 2 weeks ago.

If I don't show up at the up-coming AOS interview, will the working permit still good for 9 months?

Will the working permit still valid after the divorce is finalized?

When will I have to pack in go back home to Canada? I just don't want to break any law and overstay.

Thank you in advance.

I am pretty sad It didn't work with my wife...

[Anastasia 1]

Sorry the marriage didn't work out for you

If you don't show up for your AOS interview your AOS case will be considered as abandonned and will be denied. After they deny your AOS you have no legal right to work anymore (even if you still have your valid EAD card), since your EAD was based on pending AOS application and the application was denied, so all the benefits that were dependant on it are cancelled too.

[john_and_marlene 162]

If you don't show up for the interview, your adjustment will be denied and you EAD will be revoked. The EAD is authorization to work while the AOS is pending. It is no longer pending if it is denied.

[Autumnal 25]

Sorry to hear that your relationship is not surviving. If you were married more than two years, I would see if you can't negotiate with your spouse to attend the AOS interview if you want your green card, but... That may not be an option or something you are both comfortable with.

If you do not show up at the upcoming AOS interview, you certainly won't be in good standing. Your EAD, technically, should not be valid because failure to show (except on grounds of emergencies, health/personal or otherwise) is essentially throwing out your case or closing it. The work permit is unlikely to be good for 9 months because you received it on the grounds of adjusting your status based on the condition of marriage. Being divorced means you aren't eligible for residency through the family-based route; you could try reapplying through other means, but that would be best done back from your home country (Canada?) and once the AOS is closed.

So, in brief: don't try to work and not go to your interview. It's just not a good plan. It can have serious penalties.

Honestly, I can't really say what the situation would be with when you have to go back home. Overstay is probably measured off of when you came into the country last and how long it takes to conclude your file. I would seriously recommend that you schedule an Infopass appointment and bring up these concerns to an immigration official who can give you all the information that is pertinent to your specific situation. Alternatelly see if you can schedule time to sit down with an immigration attorney for a consultation, if you can afford to do so, to find out the options available to you.

The termination of a marriage is never an easy thing, and sorry to hear that it didn't work out. If you can sit down with your wife and talk about the situation for immigration, it might help.

To be utterly honest, if there's no hope of getting to that interview and whatnot, I'd probably look at returning back to your home country.

[Jasman0717 9]

Sorry the marriage didn't work out for you

If you don't show up for your AOS interview your AOS case will be considered as abandonned and will be denied. After they deny your AOS you have no legal right to work anymore (even if you still have your valid EAD card), since your EAD was based on pending AOS application and the application was denied, so all the benefits that were dependant on it are cancelled too.

ditto

[meddykomp 0]

I agree that you should make an appointment to see what your options are. A friend of mine was able to AOS while he and his ex-wife were going through a divorce. I do not know all the specifics on how he did it, just that he did. It is possible that you will be able to adjust status and stay if you decide that you want to.

[CWR 0]

. A friend of mine was able to AOS while he and his ex-wife were going through a divorce. I do not know all the specifics on how he did it, just that he did.

Isn't there a provision that it might be possible to stay if you can prove that the marriage has been entered into "in good faith"....?

I would agree with the advice of making an Infopass appointment. That's probably the only way to find out about the legal possibilities....

Good luck,

CW

[hcj 0]

Maybe I'm paranoid but I would not make an infopass appointment to find out my options. 1) I would not want to alert USCIS about trouble in my marriage -- who knows if that info will end up in your AOS file. 2) I would not trust them to give me legal advice.

If you want to get your options evaluated, IMHO the only real choice is to see an immigration attorney.

If you wish to stay here:

Since you are from Canada, my question is if you are eligible for TN status. If you are, perhaps the easiest thing to do would be to return to Canada so you can cross the border again, this time asking for TN status. That way you are here on your own merit.

[CWR 0]

Maybe I'm paranoid but I would not make an infopass appointment to find out my options. 1) I would not want to alert USCIS about trouble in my marriage -- who knows if that info will end up in your AOS file. 2) I would not trust them to give me legal advice.

If you want to get your options evaluated, IMHO the only real choice is to see an immigration attorney.

You have a valid point there.....that would probably the better way to handle it