Adjustment of status

[azblk 338]

First things first, Go and try to reschedule. That should buy you some time to reconcile with your wife. If you wife refuses you will be denied and put in removal and eventually deported. You only options are fix your current marriage or get divorced and hopefully fall in love and marry another USC who can file another petition for you.

[James tony 0]

If I get divorced before the next scheduled interview, would I still be out on removal? And will my work permit be useless and will I loose my job immediately?

[Transborderwife 4,666]

Just now, James tony said:

If I get divorced before the next scheduled interview, would I still be out on removal? And will my work permit be useless and will I loose my job immediately?

Yes.  Also you'd have to quit your job as you wouldn't qualify to work in the United States 

[Allie D 39]

21 minutes ago, James tony said:

The interview is on Wednesday, I want to call to reschedule, so I can go reconcile with her. I work with a company in Italy, here in the state. I don't want to loose my work permit. Would it work if I rescheduled on Monday and interview is on Wednesday? If the AOS canceled what would be the next thing I should be expecting? And can't I re-file again maybe after settling with my wife..

You can try rescheduling but you need a very good reason. Call the USCIS National Customer Service Center. They'll guide you on what circumstances they consider legitimate. Emergencies can come up at any time, so should be OK if you send a rescheduling request ahead of the interview. The question is whether your situation counts. Other VJ members might have insight but I'd call the service center as you need to get in touch with them anyway to file a request.

 

You and your wife both need to be present at the interview. Since you haven't yet adjusted status, you cannot continue the immigration process without her support. Once she withdraws her petition and your case closes, you have to leave the US in a timely manner or you'll be put into deportation proceedings. 

Edited May 21, 2017 by Allie D

[James tony 0]

So what do I do to find a new love and how long time do I have to do that and probably file another petition. My fear is I don't want to be out in removal 

[Ryan H 3,790]

***Similar topics merged and merged thread moved from Adjustment of Status from Work, Student, & Tourist Visas forum to Effects of Major Family Changes on Immigration Benefits forum.***

[Transborderwife 4,666]

Just now, James tony said:

So what do I do to find a new love and how long time do I have to do that and probably file another petition. My fear is I don't want to be out in removal 

That would be fraudulent to find someone for immigration benefits

[azblk 338]

1 minute ago, James tony said:

If I get divorced before the next scheduled interview, would I still be out on removal? And will my work permit be useless and will I loose my job immediately?

you only get put in removal after your petition is denied. work expires on day you are denied. eventually employer will find out your work permit is not valid anymore and have to fire you. I think your focusing on the wrong things brother. Without marriage every thing stops. You should reschedule interview and then do everything to convince your wife to come home. If you cant do that get a divorce and start over with someone else but if and when you file again you will face extra scrutiny

[Allie D 39]

5 minutes ago, James tony said:

My fear is I don't want to be out in removal 

What do you mean? You don't want to be in deportation proceedings? You can leave voluntarily.

 

Staying in the US, by hook or by crook, is another thing... given your current situation, unless your wife continues the petition, you can't stay legally.

[James tony 0]

Please how long does it take to get divorced? And if I filled a divorce on Monday and and denied on Wednesday. What are my chances 

[James tony 0]

PLEASE MY LAST QUESTION, can I still get divorced when denied? COS?

[azblk 338]

Every divorce is unique and takes different time. You can get divorced whenever before or after being denied. If you have decided that a divorce is the only option. Sit down and write a letter to USCIS explaining that you got married in good faith but the marriage has broken down and it is now untenable to continue with the petition and ask to withdraw your petition. Go to the interview on Wednesday explain what happened to the interviewing officer and give him he letter to add to your file.

At that point USCIS will deny your petition and you will eventually be referred to ICE for removal. What you do after that is up to you. You either leave on your own or ICE will find and forcibly remove you.

[Ebunoluwa 6,136]

3 hours ago, James tony said:

Please how long does it take to get divorced? And if I filled a divorce on Monday and and denied on Wednesday. What are my chances 

If you file for divorce on Monday or if you don't file for divorce on Monday, in both cases you will get denied. It has nothing to do

with divorcing because your wife won't come to the interview and she wrote to USCIS that she is done with the marriage.
Filing for divorce will not create a way to be approved !!! Staying married to her will not get you approved if she is done.
Living here illegally and finding someone else to marry for purposes of a green card is fraud.

One minute you say you want to re schedule the interview for time to fix your marriage and the next you are talking about divorce

and finding a new love so you can stay. Immigration officers will clearly see through all this and deny you, you can't fool the system.
Why are you just now frantically trying to find a solution 3 days before the interview ?

If you cared why did you not try to win your wife back, if she doesn't want to be with

you then you have to go back, sorry but there is no other way.
 

[Ash.1101 1,755]

I would like to note that just because YOU think you have a happy marriage and that YOU think you can reconcile with her does NOT mean that's the case.

No happy marriage has a wife go to another state, in anger, 4 months into the marriage. 4 months of marriage should still be a honeymoon period.

If she does not want to reconcile, she does not have too.


If you get divorced, you will not get a green card. If you do not get divorced and you wife does not show, you will not get a green card.

Even if you hire a lawyer, a divorce would not be finalized by wednesday, and again, if it was, you still don't get your green card.


Also, JUST because you marry someone does NOT entitle you to live in the US. You have to prove that your relationship was bona fide, real, and NOT just for you to stay in the US and honestly if your wife maybe felt used, I could absolutely understand why she left four months into the relationship. 

I hope your wife finds this thread and gives it to USCIS. Clearly you're willing to marry anyone to stay here, and that's not how this works.


It's best that you go home, no one here is going to help you commit immigration fraud by telling you to just go find another person to marry (except that one guy).


Once your green card is denied, you will be deportable. 

Edited May 21, 2017 by Ash.1101

[James tony 0]

I thank everybody for there opinion. God help us all. Gracias.