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sashKOT1

separation after EAD

By sashKOT1 in Effects of Major Family Changes on Immigration Benefits

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Demise Proficient

Demise   1,289

Posted
Filed: AOS (apr) Timeline
Posted
23 hours ago, sashKOT1 said:

even after separation and live separate? ..

If you went your separate ways then the marriage you are trying to get a green card via is no longer valid and you do not have a case. If there was abuse involved here then you might have a VAWA case but that's about all you can do at this point aside leaving the country. 

 

If you were to hold off until your AOS got approved you could then try a divorce waiver for ROC, but there is no divorce waiver for AOS.

Contradictions without citations only make you look dumb.

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Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
 Timeline
Posted
7 hours ago, sashKOT1 said:

yes k1 VISA  And then 485 . still not got EAD . JUST Got Bio matric appointment . marriage is on the rock dont know what to do 

I'm sorry your marriage is experiencing issues. 

You filed the K1 January 1, 2020 and your partner arrived in September 2021. After waiting so long to see each other again and live as husband and wife do you think you can work through your issues?

Maybe after she receives her EAD she will have some independence and your marriage will improve? I would not give up so easily after only 8 months. 

But, if you decide to separate/divorce the beneficiary should leave the US as K1s are only allowed to adjust status and obtain their green card through marriage to the petitioner. 

 

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TBoneTX Grand Master

TBoneTX   45,304

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Either repair your marriage or expect to leave the U.S.

That's what the situation boils down to.

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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Mike E Grand Master

Mike E   11,739

Posted
Filed: Citizen (apr) Country: Myanmar
 Timeline
Posted

If the separation is not a legal separation from family court and instead is merely two spouses living apart who attend an I-485 interview together then approval is possible. 
 

It is not necessarily the case that marriage is invalid to USCIS and thus it is not necessarily the case  OP has to leave the USA.  
 

As per my link and in my observation, I-485 can be approved after an interview provided the couple is candid about the living situation and the state of the marriage with the IO.  
 

It shocked me when I saw it happen, and prior to that I would have agreed with the rough consensus on this thread.  
 

But my opinion evolved  with new facts.  

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