getting a divorce MID-Adjustment of Status

[NonyGuy 0]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

[Dan J 277]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

She can go home at any time. Cancel AOS, they won't send you a refund.

Divorce varies by state, so it may be easier to do so before she leaves. But a better idea would be to wait with getting married, you have 90 days. If things don't work out, save yourself the trouble.

[desert_fox 32]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

She can leave anytime she wants...no one is a prisioner here. If she doesnt show up for the AOS interview, its an automatic denial with a letter telling her to leave the country. You cant do anything with the petition...it is her petition.

If you decfide to get a divorce, do it before shye leaves or at least have her served, otherwise she would have to accept service with a certified receipt from her home country.

[no name 1]

Wow, speaking about divorce before you even marry is a big red flag.

I hope you work it out.

[Sprailenes 47]

Why get married if its not working out? Do you think marriage will bring you closer together? It probably wont. Invest your money in a great therapist and fix those rocky areas before marriage.

[YuAndDan 153]

Why get married if its not working out? Do you think marriage will bring you closer together? It probably wont. Invest your money in a great therapist and fix those rocky areas before marriage.

Correct, it is not an absolute requirement to marry within the 90 days of the K-1 I-94, if you marry ontside the 90 days, then follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

[payxibka 10,044]

Why get married if its not working out? Do you think marriage will bring you closer together? It probably wont. Invest your money in a great therapist and fix those rocky areas before marriage.

Correct, it is not an absolute requirement to marry within the 90 days of the K-1 I-94, if you marry ontside the 90 days, then follow this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

True, but not a process without potential pitfalls. If they ultimately decide never to get married, then the benneficiary has accrued out of status time and could potentially have a ban on any future entries for a period of time.

[JenT 0]

I dated someone for about 3 years when I was in college. The natural step after graduation seemed to be marriage and he proposed on my graduation day. It wasn't until someone pointed out how unhappy I seemed to be when discussing the wedding that I realized that my mindset was, "If it doesn't work out, I can always get a divorce." I ended the engagement.

Don't treat marriage as a disposable commodity.

[Kez/JWolf 6]

To the OP..... do yourself a big favour... DONT GET MARRIED.

If your gut is telling you that it might not work out then you owe it to yourself and your SO to be up front and honest about how things really are.... it is one thing being in a long distance relationship and another thing living in the same house together...

Make sure she leave befor the I-94 expires and that way it will not accrue her any out of status time... much better to part now that to wait and then get married and then file for a divorce....

Kez

Edited February 20, 2008 by Kezzie

[mox 298]

The OP said:

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

I don't believe advice on getting married/not getting married is welcome in this situation, and advising someone to abandon their marriage with so little information to go on is actually doing a disservice IMO. Sounds to me like the OP is just exploring options. Nothing wrong with that, and given the (lack of) information, nothing to predict gloom and doom over.

Edited February 20, 2008 by mox

[diadromous mermaid 36]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

You cant do anything with the petition...it is her petition.

Ah, but he can! Successful AOS depends on a viable and sustaining marriage. If the USC spouse informs the USCIS that the marriage is terminating, the AOS will be denied, or at the very least she will be called for an interview...which she can either attend alone, and be denied, or fail to attend and be denied. Additionally, a USC sponsor can withdraw an I-864 if the application to which it is attached has not yet been decided. Therefore, he could withdraw his Affidavit.

[desert_fox 32]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

You cant do anything with the petition...it is her petition.

Ah, but he can! Successful AOS depends on a viable and sustaining marriage. If the USC spouse informs the USCIS that the marriage is terminating, the AOS will be denied, or at the very least she will be called for an interview...which she can either attend alone, and be denied, or fail to attend and be denied. Additionally, a USC sponsor can withdraw an I-864 if the application to which it is attached has not yet been decided. Therefore, he could withdraw his Affidavit.

true true true...all those things wilo happen, but he cannot withdraw the petition...it is her petition...he hasw no standing. He cannot cancel the AOS, but he can withdraw the I-864.

[sj5 4]

Do not get married if you think often about it.

[diadromous mermaid 36]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

You cant do anything with the petition...it is her petition.

Ah, but he can! Successful AOS depends on a viable and sustaining marriage. If the USC spouse informs the USCIS that the marriage is terminating, the AOS will be denied, or at the very least she will be called for an interview...which she can either attend alone, and be denied, or fail to attend and be denied. Additionally, a USC sponsor can withdraw an I-864 if the application to which it is attached has not yet been decided. Therefore, he could withdraw his Affidavit.

true true true...all those things wilo happen, but he cannot withdraw the petition...it is her petition...he hasw no standing. He cannot cancel the AOS, but he can withdraw the I-864.

*Technically* it is her application...BUT...it rests upon a sustaining marriage to a US citizen, and if the USC were to inform USCIS and the local office that the marriage is terminating BEFORE the application is adjudicated, at the very least the Service will call the applicant and her spouse for an interiew, and if he "no shows" the Service cannot approve the case.

[pushbrk 12,252]

My fiance and I will marry soon, however things are getting slightly "rocky." I dont want to get into it.

One question, if we get married, submit the paperwork for AOS, then we decide its not going to work....can she just go back to her country and I call to cancel the AOS with Immigration?

If she does this, she's obviously not allowed back in the USA, so what would the courts say when I filed for divorce??

THANKS EVERYONE!

Divorce is a state issue. Immigration status doesn't impact divorce. If either of you simply fails to attend the AOS interview, no status adjustment will occur. She is free to leave the USA at will.