Divorce during AOS from a tourist visa

[portorusa 431]

1 minute ago, Jorgedig said:

How?  

There are legal ways to do it. But in case of divorce it’s not going to be OP’s problem. Nor should it be. 

[SalishSea 17,845]

11 minutes ago, portorusa said:

There are legal ways to do it. But in case of divorce it’s not going to be OP’s problem. Nor should it be. 

You are dispensing incorrect info.  Without an active affidavit of support, she cannot adjust.

Edited May 16, 2020 by Jorgedig

[portorusa 431]

5 minutes ago, Jorgedig said:

You are dispensing incorrect info.  Without an active affidavit of support by the original petitioner of her K-1, she cannot adjust.

Yes, she can if there is VAWA case, for example. Or even U visa. It will have nothing to do with her current sponsor nor his I-864. All I say is there are legal ways to stay and adjust and she will NOT “have to” go home as Nitasman said. That’s all I wanted to say.

Besides, OP’s wife came on B2 visa not K-1. Theoretically, there is a way to stay and eventually adjust through another marriage. Again, I am not giving any advice to anyone. 

Edited May 16, 2020 by portorusa

[SalishSea 17,845]

3 minutes ago, portorusa said:

Yes, she can if there is VAWA case, for example. Or even U visa. It will have nothing to do with her current sponsor nor his I-864. All I say is there are legal ways to stay and adjust and she will NOT “have to” go home as Nitasman said. That’s all I wanted to say. 

There is NOTHING in the original post about VAWA.

[geowrian 22,337]

There is nothing suggesting VAWA or a U visa or the other rare exceptions apply in this case.

The only legal option for her is to leave the US once the I-485 is denied.

Whether she actually does so or not is not the OP's concern.

[Anonymousfornow 0]

How much time would I have to work out the marriage before it is adjucated?

 

Is going to marriage counseling going to be detrimental to me removing my support of her application?(we have a virtual marriage counseling appointment in a couple of days).  

 

Would there definitely be an interview for the green card if adjusting from a b2?  

 

The i485 and I130 were filed together in early January?

 

all opinions and facts are welcome.  I love her and want to work it out.  She seems to be dealing with trauma from the past.  And she has a little bit of an alcohol problem.  I just don’t want to be stuck for 10 years if I am not happy now.  

[Nitas_man 3,100]

8 hours ago, portorusa said:

Nothing is wrong with wanting to fix the marriage. We don’t know all the details of this couple’s relationship. There may still be feelings for each other. 

And even if there is a divorce, she will not have to go home, IMHO. 

Tourist visa to PR AOS with original I130 pulled?  
 

I believe she’s going to be headed home.  This isn’t someone walking around with an approved petition.

[Nitas_man 3,100]

36 minutes ago, Anonymousfornow said:

How much time would I have to work out the marriage before it is adjucated?

 

Is going to marriage counseling going to be detrimental to me removing my support of her application?(we have a virtual marriage counseling appointment in a couple of days).  

 

Would there definitely be an interview for the green card if adjusting from a b2?  

 

The i485 and I130 were filed together in early January?

 

all opinions and facts are welcome.  I love her and want to work it out.  She seems to be dealing with trauma from the past.  And she has a little bit of an alcohol problem.  I just don’t want to be stuck for 10 years if I am not happy now.  

You pull your I130/I864 and this immigration case is dead

 

General expectations about petition and adjustment status processing

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html
 

If you’re not “co-habitating” it elevates the chances of denial.  
 

If the petition and AOS are adjudicated then you are correct, you are on the hook for her.

 

No way of telling how much time you have to figure it all out.

 

 

Edited May 17, 2020 by Nitas_man

[geowrian 22,337]

2 hours ago, Anonymousfornow said:

I just don’t want to be stuck for 10 years if I am not happy now.  

There's no 10 year limitation. Check the I-864 for the conditions that terminate I-864 comittments.

[Nitas_man 3,100]

3 minutes ago, geowrian said:

There's no 10 year limitation. Check the I-864 for the conditions that terminate I-864 comittments.

Gonna be 14 for me 😂😂

 

Next year I think we’ll hit 40 quarters.

[Ontarkie 14,234]

~~Moved to Effects of Major FAmily Changes, from AOS from W,S & T Visas - as similar threads are discussed here.~~