USC HUSBAND WANTS TO DIVORCE WIFE FOR 2 YRS. AOS STILL PENDING. WILL AFFECT GC APPLICATION?

[steven808080 0]

USC AND WANTS TO DIVOCE HIS WIFE FOR 2 YRS NOW. THEY HAD AN INTERVIEW LAST JUNE 15 IN OAKLAND PARK FL. THEY ARE STILL WAITING FOR APPROVAL. USC HUSBAND MET EX GIRLFRIEND AND FALLING IN LOVE WITH HER AGAIN AND WANTS TO LEAVE HIS WIFE WHO HAS A PENDING APPLICATION FOR GC. THEY HAVE ALL THE DOCUMENTS THAT WAS PRESENTED TO IO DURING INTERVIEW. WHAT THE WIFE CAN DO IF USC HUSBAND IS UNCONTROLLABLE OF LEAVING HER AND FILING FOR DIVORCE BEFORE HER AOS DECISION? THEY HAVE BEEN MARRIED FOR 2 YRS AND 6 MONTHS NOW. PLEASE ADVICE MY FRIEND.

[Anh map 2,098]

USC AND WANTS TO DIVOCE HIS WIFE FOR 2 YRS NOW. THEY HAD AN INTERVIEW LAST JUNE 15 IN OAKLAND PARK FL. THEY ARE STILL WAITING FOR APPROVAL. USC HUSBAND MET EX GIRLFRIEND AND FALLING IN LOVE WITH HER AGAIN AND WANTS TO LEAVE HIS WIFE WHO HAS A PENDING APPLICATION FOR GC. THEY HAVE ALL THE DOCUMENTS THAT WAS PRESENTED TO IO DURING INTERVIEW. WHAT THE WIFE CAN DO IF USC HUSBAND IS UNCONTROLLABLE OF LEAVING HER AND FILING FOR DIVORCE BEFORE HER AOS DECISION? THEY HAVE BEEN MARRIED FOR 2 YRS AND 6 MONTHS NOW. PLEASE ADVICE MY FRIEND.

Get the Green Card and then divorce him.

[Penguin_ie 5,994]

*** Moving from AOS to Effects of Major Changes forum ****

Wife doesn't need to do much. Unless there were red flags at the interview, chances are the greencard is on its way to her, and divorce hasn't been filed yet, so she is fine. As soon as divorce is final, she needs to ROC (Remove Conditions) on her own; she will need to show she entered the marriage for genuine reasons, not immigration, but with 2 years of marriage behind them, that should not be a problem (joint bank accounts and bills, living in the same place etc).

She will need to wait 5 rather than 3 years for citizenship, but other than that, no issues.

[NigeriaorBust 4,087]

If she doesn't have AOS he can still pull the affidavit of support and she will NOT get her green card. Hopefully if she has 2 years invested in the US things will work out. This is one of the dangers of delaying AOS.

[rin and john 71]

1342517655[/url]' post='5531541']

*** Moving from AOS to Effects of Major Changes forum ****

Wife doesn't need to do much. Unless there were red flags at the interview, chances are the greencard is on its way to her, and divorce hasn't been filed yet, so she is fine. As soon as divorce is final, she needs to ROC (Remove Conditions) on her own; she will need to show she entered the marriage for genuine reasons, not immigration, but with 2 years of marriage behind them, that should not be a problem (joint bank accounts and bills, living in the same place etc).

She will need to wait 5 rather than 3 years for citizenship, but other than that, no issues.

OP said they have been married 2 years. If GC is issued, it should be 10 years without the need to remove conditions.

[Penguin_ie 5,994]

OP said they have been married 2 years. If GC is issued, it should be 10 years without the need to remove conditions.

You are correct. One less worry.

[del-2-5-2014 1,339]

So if one is on a 10 year GC and divorces, then one doesn't need to ROC (this happens when crossing from 2 year GC to 10 year GC - assuming K1) and thus no need to prove marriage entered in good faith and all that for citizenship?

Muchas gracias.

[JimVaPhuong 4,863]

So if one is on a 10 year GC and divorces, then one doesn't need to ROC (this happens when crossing from 2 year GC to 10 year GC - assuming K1) and thus no need to prove marriage entered in good faith and all that for citizenship?

Muchas gracias.

Not necessarily. There's a conflict in the law regarding this. The law states that a K1 can only adjust to conditional permanent resident, which means a 2 year green card and removal of conditions later on. There isn't a specific exception for this. If a K1 has been married more than two years when the AOS is submitted then they should also submit an I-130 petition. This will allow the K1 to adjust status based on the I-130 petition rather than the original I-129F petition, and should allow them to go directly to a 10 year green card.