Want to divorce before filing AOS

[California14 1]

Dear member.

I have some question regarding to visa K1. I entry to U.S.A by visa K1 and we have married 1 year and we have a 4 months baby right now. I dont apply AOS yet because my husband wages doesnt match to the requirement and nobody wants to be our joint sponsor. too bad My marriage doesnt go well. To many conflict in our marriage. Can i file divorce before AOS? or what should i do?

Thank you

[Pitaya 2,576]

~Moved from K1 Progress to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Edited December 24, 2014 by A&B

[onye uwaoma 131]

Dear member.

I have some question regarding to visa K1. I entry to U.S.A by visa K1 and we have married 1 year and we have a 4 months baby right now. I dont apply AOS yet because my husband wages doesnt match to the requirement and nobody wants to be our joint sponsor. too bad My marriage doesnt go well. To many conflict in our marriage. Can i file divorce before AOS? or what should i do?

Thank you

Too bad your marriage did go well and you haven't adjusted status after 1yr of marriage. I think your options include working on your differences if possible and see where this will lead you to... Marriage is difficult now-a-days

[Hypnos 6,576]

Yes you can divorce, but you won't be getting a green card unless your husband is willing to sign an I-864 affidavit of support for you, which would seem unlikely.

Edited December 24, 2014 by Hypnos

[Darnell 8,478]

divorce process and immigration status are not connected.

many people think it is, but it's not.

sure, for you specifically, you not have any immigration status currently, and if you divorce, your path to immigration status is depleted.

Sorry, is hard decision for you two.

However, you might seek marriage counselor immediately, try to resolve differences with marriage counselor. Most marriage counselors have singular focus to save marriage - through exposing failure points and teaching both spouses how to be successful inside of the marriage. You two should go, immediately, and try for 3 to 4 months of meetings with a marriage counselor.

If there were no child, I would suggest you simply return to Indonesia. Since there is a child, it is your responsibility for both parents to be strong for this child, preferably together.

[California14 1]

divorce process and immigration status are not connected.

many people think it is, but it's not.

sure, for you specifically, you not have any immigration status currently, and if you divorce, your path to immigration status is depleted.

Sorry, is hard decision for you two.

However, you might seek marriage counselor immediately, try to resolve differences with marriage counselor. Most marriage counselors have singular focus to save marriage - through exposing failure points and teaching both spouses how to be successful inside of the marriage. You two should go, immediately, and try for 3 to 4 months of meetings with a marriage counselor.

If there were no child, I would suggest you simply return to Indonesia. Since there is a child, it is your responsibility for both parents to be strong for this child, preferably together.

We have been going to marriage conselor but it does not work. Too many conflict and fighting. If i divorce before AOS, how do i can get GC? or if i file AOS and in the middle of processing i divorce what will happen?

[JohnR! 5,495]

If you divorce or separate before AOS chances are your application will not be accepted. The presumption is that at the time of AOS the couple be together living as a married couple, which seems not to be your case.

I would try to resolve the situation amicably, but if there is no reconciliation, you might consider getting your child and returning home, instead of staying without status in the US, where eventually you'll find yourself as an undocumented immigrant.

We have been going to marriage conselor but it does not work. Too many conflict and fighting. If i divorce before AOS, how do i can get GC? or if i file AOS and in the middle of processing i divorce what will happen?

[NancyNguyen 1,657]

You are asking for fraud when you have intention to divorce but still wants AOS jointly.

[AmyWrites 593]

Try to resolve your conflicts. You're in a new country and with a child. It's going to be hard at first.

[kzielu 1,147]

We have been going to marriage conselor but it does not work. Too many conflict and fighting. If i divorce before AOS, how do i can get GC? or if i file AOS and in the middle of processing i divorce what will happen?

You can't - will have to go home.

[California14 1]

You can't - will have to go home.

My mother in law and my step father in law dont want i back to home. They want to help me being joint sponsor. What if i and my husband make agreement. We file AOS and i get my GC and after i get my GC we divorce. What will happen if i take this way?

[kzielu 1,147]

My mother in law and my step father in law dont want i back to home. They want to help me being joint sponsor. What if i and my husband make agreement. We file AOS and i get my GC and after i get my GC we divorce. What will happen if i take this way?

You'll commit a fraud, interesting thing about it will be whole family will be involved in it...

[California14 1]

You are asking for fraud when you have intention to divorce but still wants AOS jointly.

I think is not a fraud if we both have agreement because my mom in law wants i stay in US. She doesnt i back to home.

[msbau764 245]

I think is not a fraud if we both have agreement because my mom in law wants i stay in US. She doesnt i back to home.

what specific problems do you and your husband have that make you want to divorce him after a year? Are they problems that cannot be fixed?

[California14 1]

You'll commit a fraud, interesting thing about it will be whole family will be involved in it...

So is that mean i can get my GC? They dont want i back to home.