Adjustment of Status

[Summer2018! 0]

I found out my marriage is not real and what I should do. Our interview isn’t until December 2018. My husband came to the United States December 2017 and have been having issues and arguments after less than a year together. He forgot our anniversary after I reminded him days before. We visited his family in his country and we argued there and he would leave me in the hotel room for hours 5-7 hours almost everyday while there. He and family argued too. It was a mess! He has not been much help to me. He would give me money not much and send the rest of it back home while I pay all the bills. It’s a lot to type. I am just trying to figure out how to get out of this! And our age difference doesn’t help either. He’s younger. 28 and I’m 42. I don’t mean to post negativity here. 

[pushbrk 12,106]

12 minutes ago, Summer2018! said:

I found out my marriage is not real and what I should do. Our interview isn’t until December 2018. My husband came to the United States December 2017 and have been having issues and arguments after less than a year together. He forgot our anniversary after I reminded him days before. We visited his family in his country and we argued there and he would leave me in the hotel room for hours 5-7 hours almost everyday while there. He and family argued too. It was a mess! He has not been much help to me. He would give me money not much and send the rest of it back home while I pay all the bills. It’s a lot to type. I am just trying to figure out how to get out of this! And our age difference doesn’t help either. He’s younger. 28 and I’m 42. I don’t mean to post negativity here. 

You are posting in a spouse visa forum about adjusting status.  Please explain whether you husband entered as a fiance and is adjusting status or already has a two year green card and is removing conditions.

 

Either way, your marriage can be ended with a divorce.  If he's removing conditions, the easiest way to prevent that is simply to not attend the interview.  The same goes for if he's adjusting status from a fiance visa.  Just don't go to the interview.  The application will be denied if you don't both attend.  However, this does not assure your husband will leave the USA and there is really nothing you can do to assure that he does.

[Summer2018! 0]

Thank you. This is a spousal visa it will be 2 years this December.  

[Summer2018! 0]

His permanent residence card will expire this December.  The interview will be to adjust status to obtain United States citizenship visa

[Crazy Cat 39,220]

I'm confused. Are you saying he already has a conditional Green Card?

Edited February 19, 2018 by missileman

[pushbrk 12,106]

8 minutes ago, Summer2018! said:

His permanent residence card will expire this December.  The interview will be to adjust status to obtain United States citizenship visa

There is no such thing as a US Citizenship visa and your husband does not qualify to apply for citizenship.  It's also too early to apply to remove conditions.  You can't do that until September.  As such, there IS NO interview scheduled.  You are just projecting a possible interview date to remove conditions.  If you want out of the marriage, get a divorce.  If you are still married between September and December, he cannot petition to remove conditions on his own.  If you are divorced, he should petition to remove conditions immediately after the divorce is final.  There is no requirement that you inform him of any of this.

[Summer2018! 0]

Yes a 2 year for now

[Summer2018! 0]

Thank you for the clarification! 

[Summer2018! 0]

So what happens after his 2 year permanent residency card expires? 

[pushbrk 12,106]

3 minutes ago, Summer2018! said:

So what happens after his 2 year permanent residency card expires? 

He will no longer be authorized to live or work in the USA.  He should lose his job but may find a way to stay in the US illegally.  Your obligations under the I-864 affidavit of support continue until he leaves the US or one of you dies.  It's a bit more complicated than that but that's pretty much it.

 

Which country did he come from?

[Summer2018! 0]

Nigeria 

[Penguin_ie 5,985]

***** Moving from CR-2 spousal to Effects of Major Changes forum as OP's question is mainily about the consequences of divorce ******

[Summer2018! 0]

I don’t understand! 

[Boiler 43,432]

You get Divorced

 

He will Remove Conditions when the time comes using a Divorce Waiver.

 

You move on with your life, he moves on with his, well the I 864 continues.

 

 

[TBoneTX 43,058]

6 hours ago, Summer2018! said:

I don’t understand! 

Your thread was moved to a forum more appropriate for the issue being discussed.