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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

ihavenoclue
my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened
Alt name
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
my wife is thinking of divorcing me before i get my conditions removed..would i have to leave the country if this happened

ihavenoclue
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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
Alt name
If you can get a different visa.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:45 PM) *
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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

ihavenoclue
QUOTE(D&N @ Nov 15 2007, 10:49 PM) *
If you can get a different visa.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:45 PM) *
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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
Alt name
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.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:58 PM) *
QUOTE(D&N @ Nov 15 2007, 10:49 PM) *
If you can get a different visa.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:45 PM) *
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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

ihavenoclue
QUOTE(D&N @ Nov 15 2007, 11:36 PM) *
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.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:58 PM) *
QUOTE(D&N @ Nov 15 2007, 10:49 PM) *
If you can get a different visa.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:45 PM) *
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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?
debeselizz
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!
diadromous mermaid
QUOTE(D&N @ Nov 15 2007, 11:36 PM) *
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.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:58 PM) *
QUOTE(D&N @ Nov 15 2007, 10:49 PM) *
If you can get a different visa.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:45 PM) *
QUOTE(D&N @ Nov 15 2007, 10:41 PM) *
Possibly. You need to see a lawyer.

QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 11:34 PM) *
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.
Sid and Nancy
QUOTE(D&N @ Nov 15 2007, 08:36 PM) *
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!
Cassie
Why was this topic moved? *curious*
mooninlove
QUOTE(STEPHEN SPACKMAN @ Nov 15 2007, 07:34 PM) *
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!
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