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Hi All,

I need you help as am in a bad situation, I am in Boston and married to my wife who is a US citizen we have been married for a year not and my AOS status is pending , I have my EAD and AP already with me and am also working

Things have not been good between me and my wife and unfortunately we have decided to separate and I want to return back to India.

I as there any way someone could let me know how to go about this and how long could the whole process take.

Also can I complete the whole or any part of this process being back in India?

Appreciate you help.

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*** Thread moved from K-1 Process forum to the Effects of Major changes forum, where similar issues are discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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A green card is for living in the US. If you move back to India you have no need for a green card. To obtain the green card she must cooperate with the process. If she pulls the affidavit of support or refuses to attend the interview (if you have one) your green card will not be approved. To maintain the green card, should you get one, you must live in the US (at least more than 6 months out of the year), pay US taxes on all worldwide income, and maintain ties to the US. You could obtain a re-entry permit which will allow you to remain out of the US for up to two years with good reason.

Again, a green card is for living in the US.

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I don't need the GC...I want to separate and go back to India and both of us agree that it is the correct decision...Questions is how long does the process take and would it be better to go through the process and leave or can I do it from India?

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I don't need the GC...I want to separate and go back to India and both of us agree that it is the correct decision...Questions is how long does the process take and would it be better to go through the process and leave or can I do it from India?

What process? Divorce

All you need to do is jump on a plane and go home. She can take care of the divorce with or without you......

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Buy a ticket and go, presumably you could file in India if she does not do so in the US.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Please be clear about what process you are talking about.

Separating requires packing a bag and leaving. Divorce without kids is going to be a matter of months. The adjustment of status sounds like it is imminent, but if you want to live in India instead of the USA you don't need it.

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We have no Kids together, she has a son from her first marriage but I want to go through the whole legal process of divorce, can this is done from India or do I have to be here in the US.

Next time be clear about what you're asking, your original post didn't mention divorce just the AOS process and left us all scratching our heads. Go home if that's what you want, you don't need to be here for the divorce. No one can tell you how long it will take as there are many determining factors



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