My husband and I are currently separated and I am on the verge of starting divorce proceedings (NO, we did not marry for the sole purpose of his obtaining legal status in the US in case somebody's wondering...things just didn't work out, it happens). He applied for AOS in early January and just received a biometrics appointment letter.

First of all, is it advisable for me to start the divorce now or how much longer do I have to wait? If I do it now what kind of problems will there be? Do I need to go with him to the biometrics appointment?

I hope somebody can help me. Thank you all in advance.

dont have to go to the biometrics but you DO have to go to his AOS interview... if you divorce he can not stay in the country...

dont quote me though...

Divorce prior to AOS approval will cause AOS to be denied.

As far as I know, if you divorce him, his AOS goes out the window. Whether or not you want that to happen is up to you. And no, you do not need to attend Biometrics with him, regardless of when you divorce.

Im sorry to hear things didnt work out for you though, Im sure its rough

For the AOS, you would have needed to complete an affidavit of support, that has or potentially has long reaching implications that can keep you on the hook for 10 years (lots of questions about the extent of the exposure on the part of the US Citizen, but you could be liable for $1,200 or more every month...check with an immigration attorney). You can withdraw or disavow your commitment at any time prior to the time the green card is actually issued. However, doing so will pull the plug on the aos process and the spouse will be subject to deportation proceedings. You might be able to work something out in the divorce decree about the waiver of benefits under the affidavit of support, but in actuality, it's a contract between the US Citizen and the government, so even if there is a waiver or agreement, there is still the potential that a governmental agency might seek reimbursement if they provide certain services to an indigent immigrant.

If you don't care if your spouse stays or not, there is still the issue of the affidavit of support in case he does.

Good luck!

Sorry to hear of your problems...i was wondering, as i recalled that your husband wanted to bring his brother to US ..just wondered it that would also complicate that matter if you are still pursuing that?

No, we haven't given that prospect further thought..having too many problems right now. He'll probably do that on his own in the future.

Thank you and everybody else who posted..I guess I'm going to have to wait a little before I divorce him

It has been rough but it's better that we did what we did instead of living day to day arguing all the time...

Thank you all again!

Its not just being married, you still have to be in a relationship. So you would need to comit perjury.

And the Affadavit can be as long as you both live, no 10 year limitation.

One of the posts on your profile says that your husband already has a 2 year green card (forgive me, but I haven't learned about other visas than the K1). If so, I believe what your husband is applying for is Removing Conditions, which is a different ball of wax.

Haven't you already signed an I-864 (affidavit of support) two years ago?

Sorry to hear of your predicament, but I believe you need to ask about ramifications of divorcing during Removal of Conditions (not AOS).

Hope it works out for you both...

Maya

That would make a big difference.

He applied or you both applied to remove conditions? There would be nothing stopping you from filing for divorce right now, if the marriage is in a terminal state. Of course, should the divorce become final before his conditions are removed, then he would have to withdraw the jointly-filed I-751 (I am presuming your answer to my first question) and replace it with a waiver.

The only things that terminate the affidavit of support are:

1. The immigrant accrues 40 quarters of SS credits (10 years of work)

2. The immigrant becomes a US Citizen

3. The immigrant leaves the US forever

4. The immigrant dies

5. The USC sponsor dies.


Kez

I believe the OP is at the removal of conditions phase, but if not, and she has clearly indicated that the marriage is bonafide, why would you suggest she withdraw her endorsement of the Affidavit of Support?

The affadavit becomes void if the beneficiary becomes a citizen.



Even with enough work credits on the books, if not a citizen, affadavit still in effect.

Perhaps because you wouldn't want to be financially responsible for an EX?