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justmarriedusciti

Could the officer cancel I-485 if possibility of divorce is mentioned during interview?

By justmarriedusciti in Effects of Major Family Changes on Immigration Benefits

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justmarriedusciti Explorer

justmarriedusciti   7

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Filed: H-1B Visa Country: United Kingdom
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My USC spouse and I thinking of getting a divorce but we have our I-485 interview soon. She will be going with me to the interview, but there is a chance that (if asked) we mention the possibility of us filing for divorce in the near future. Would the officer care about that and proceed to cancel my I-485 application? I was adjusting from H1B. 

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SteveInBostonI130 Experienced

SteveInBostonI130   3,434

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted (edited)

AOS by itself is meaningless without a valid immigration status change; in your case, marriage to a USC or LPR.   If divorcing your wife, you have no status to adjust from.  I believe it will impact your application.

 

I do not know much about the differentiation of intent to divorce and actual divorce as it pertains to AOS.  Hopefully someone more knowledgeable will respond.

Edited by SteveInBostonI130
typo
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TBoneTX Grand Master

TBoneTX   45,267

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Filed: Citizen (apr) Country: Ecuador
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Thread is locked in favor of OP's existing thread:

https://www.visajourney.com/forums/topic/756871-divorce-prior-to-i-485-aos-interview-wife-had-been-abusing-me-how-do-i-proceed-merged/

 

Do not (do NOT!) start any more threads on this topic.  Post only in the one linked here.

 

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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