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ihavenoclue

divorce while removla of conditions are pending

By ihavenoclue in Effects of Major Family Changes on Immigration Benefits

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Alt name Community Regular

Alt name   1

Posted
Filed: Timeline
Posted

If you have to leave, then you have to leave. If you want to come back, its just as a normal visitor, student, tourist, or after your divorce, and you meet someone, a K1, K3, IR1. If your company will sponsor you you can come back as an H visaholder, for employment. See a lawyer. Divorces before AOS are tricky cases, but, if you were abused then you can sometimes get a waiver and get your AOS processed anyway. Right now, she and your co-sponsors are responsible for you for 10 years whether you are divorced or not. The most likely thing if she does not jointly go through AOS with you is that you will be denied and you will have to leave.

If you can get a different visa.

Possibly. You need to see a lawyer.

my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened

would i be able to re enter if i had to leave the country

what kinda visa

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ihavenoclue Explorer

ihavenoclue   0

Posted
Timeline
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If you have to leave, then you have to leave. If you want to come back, its just as a normal visitor, student, tourist, or after your divorce, and you meet someone, a K1, K3, IR1. If your company will sponsor you you can come back as an H visaholder, for employment. See a lawyer. Divorces before AOS are tricky cases, but, if you were abused then you can sometimes get a waiver and get your AOS processed anyway. Right now, she and your co-sponsors are responsible for you for 10 years whether you are divorced or not. The most likely thing if she does not jointly go through AOS with you is that you will be denied and you will have to leave.

If you can get a different visa.

Possibly. You need to see a lawyer.

my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened

would i be able to re enter if i had to leave the country

what kinda visa

so i could come back even if the AOS was denied?

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debeselizz Contributor

debeselizz   0

Posted
Filed: Lift. Cond. (pnd) Country: Lithuania
 Timeline
Posted

it's not completely true. i think you can still remove your conditions without your spouse as long as you prove that you both entered the marriage in a good will and not for gc purposes. all you have to do though is be honest at the interview and tell them that you are indeed getting divorced. whatever you do, don't lie!!!

good luck!

.................(US)Dan and Simona(LT).........

02/11/2004 - NOA1

07/13/2004 - NOA2!!! FINALLY APPROVED!!!! (153 days) Happy Happy day!!!

09/10/2004 - INTERVIEW in Warsaw(Approved)

11/06/2004 - Got married in Arizona! Mr. and Mrs. now :)

*****************************************************

AOS timeline

12/23/2004 - NOA's for AOS, EAD and AP

01/25/2005 - EAD Approved!

01/26/2005 - AP Approved!

08/16/2005 - AOS interview in Chicago! The I-551 stamp received.

08/22/2005 - Permanent Resident Card received! On hubby's birthday :)

REMOVING CONDITIONS

05/24/2007 - Sent I-751 to Nebraska service center.

05/26/07 - NSC received our application.

06/09/07 - Notice received(NOA dated 5/31)

06/21/07 - Biometrics completed

04/02/08 - case transferred from NSC to CSC

04/03/08 - touched

05/06/08 - APPROVED

05/12/08 - Received Permanent Resident Card (done with immigration untill the citizenship. Will wait till Lithuania and USA gets dual citizenship agreement)

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diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
If you have to leave, then you have to leave. If you want to come back, its just as a normal visitor, student, tourist, or after your divorce, and you meet someone, a K1, K3, IR1. If your company will sponsor you you can come back as an H visaholder, for employment. See a lawyer. Divorces before AOS are tricky cases, but, if you were abused then you can sometimes get a waiver and get your AOS processed anyway. Right now, she and your co-sponsors are responsible for you for 10 years whether you are divorced or not. The most likely thing if she does not jointly go through AOS with you is that you will be denied and you will have to leave.

If you can get a different visa.

Possibly. You need to see a lawyer.

my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened

would i be able to re enter if i had to leave the country

what kinda visa

D & N,

You are confusing the issue of adjustment of staus (AOS) from non-immigrant to permanent resident, and the "removal" of conditions placed on permanent residency for an alien that adjusted status before he or she had been married to a US citizen for a period of two years. Please learn the difference.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Nancy2015 Proficient

Nancy2015   2

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
Divorces before AOS are tricky cases,

The OP is done with the AOS already.

OP, you will need to wile an I-751 waiver of joint filing requirement after you get a divorce decree, and prove that your marriage was entered into in good faith and not for the purposes of obtaining an immigration benefit.

A lot of cases like that were discussed on various immigration forums, and I have never read about a denial so far. It doesn't mean denials don't happen, but you need to have a lot of evidence that your marriage was bona fide.

Good luck!

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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Cassie Mentor

Cassie   8

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
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Why was this topic moved? *curious*

*Cheryl -- Nova Scotia ....... Jerry -- Oklahoma*

Jan 17, 2014 N-400 submitted

Jan 27, 2014 NOA received and cheque cashed

Feb 13, 2014 Biometrics scheduled

Nov 7, 2014 NOA received and interview scheduled


MAY IS NATIONAL STROKE AWARENESS MONTH
Educate Yourself on the Warning Signs of Stroke -- talk to me, I am a survivor!

"Life is as the little shadow that runs across the grass and loses itself in the sunset" ---Crowfoot

The true measure of a society is how those who have treat those who don't.

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mooninlove Community Regular

mooninlove   1

Posted
Filed: Other Country: Philippines
 Timeline
Posted
my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened

No. You can file your I-751 on your own after you received your decree. As long as you can prove that yours is legit and have sufficient evidence to back it up, I believe you'll be fine. I was approved last Feb with my I-751 waiver. Goodluck!

I-R5 at USCIS California Service Center

Consulate: Manila Philippines

5/19/09 Filed I-130 at Chicago Lockbox

5/22/09 USCIS rcvd I-130

6/01/09 Checks cashed

6/03/09 NOA1 rcvd for both parents

8/12/09 Email approval for Dad

8/17/09 Rcvd NOA2 for Dad

8/20/09 Rcvd RFE email for Mom

9/08/09 Email approval for Mom

9/12/09 Rcvd NOA2 for Mom

NVC

8/19/09 NVC rcvd dad's case

9/18/09 NVC rcvd mom's case

9/22/09 Emailed DS3032

9/28/09 Paid AOS/ I-864 fee of $70 for both

10/08/09 rcvd emails: DS3032 accepted

10/08/09 sent I-864

10/09/09 IV bill generated for both cases

10/10/09 Paid IV bill $800 for both

10/13/09 I-864 rcvd by NVC

10/15/09 DS230 mailed to NVC

10/16/09 I-864 accepted & entered into the system

10/19/09 DS230 rcvd by NVC

11/02/09 rcvd checklist emails

11/09/09 sent RFE to NVC via UPS

11/12/09 NVC received RFE

11/19/09 AVR: checklist response rcvd 11/18/09

11/28/09 Log-in failed for both

12/01/09 Case complete as of 11/30/09

12/14/09 rcvd emails of interview date

01/04-05/09 medical @ St.Lukes done

01/11/10 Interview @ USEmbassy Manila 6:30am

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