Canceling Current AOS?

[diadromous mermaid 36]

This question has already been asked and answered. If his interview is for PR (first status adjustment stage of the process) the marriage must still be viable. Any pending divorce, or finalised divorce means an automatic denial.

I canceled a AOS at the last step (The interview) with my now ex-wife. I found out that she married for the Green Card. I went to the local USCIS office and spoke to an officer. They took care the rest for me.

She could have still petitioned herself, if she had either 1. Proved that she was filing for a divorce for because of some type of abuse. It had to be documented by Police records, Medical records, etc. 2. That she can support herself with a job, housing, etc... then she would then had to apply for a work related VISA.

Very important that you don't play games with the USCIS, ie: lying to them. They will find out and in her case they did. She is currently banned from entering the U.S. for 5 years and then her being granted a VISA in the future is highly unlikely. *Karma is sweet*

It's true, it's hard to petition for the USCIS to continue the AOS while going thru a divorce. Not impossible! The main idea that the US government wants to be assured is that the burden of the immigrant won't be on the welfare system.

I appreciate your reply. Okay, now this is what I am wondering. If he goes into the interview....even though he is going through a divorce that isn't final yet. As long as he can prove that he will not be a burden on the system....as far as a place to live and a job history.....which he has. He has been living here for 12 years and has had a job the whole time and has owned a home the whole time also. We are thinking of canceling the AOS and starting over when we get married. Just start fresh and new. But it would be alot less of a hassle and money if he could just get do it with the current AOS. Ugh....so much info and so little time.

[English Muffin 59]

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

[harley2936 0]

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

[diadromous mermaid 36]

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

[harley2936 0]

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

[payxibka 10,044]

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

So a timeline is all that is needed to be able to provide advice? WOW... so many noobs have timelines... we all know they are qualified....

So ones education in lets say law school does not count?

[harley2936 0]

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

So a timeline is all that is needed to be able to provide advice? WOW... so many noobs have timelines... we all know they are qualified....

So ones education in lets say law school does not count?

just a question....why so defensive? wow

[diadromous mermaid 36]

I am not advising. I am simply relating/informing you of the regulations. My timeline is not relevant.

There is a form that the USC petitioner would supply when he would be denied the visa he would require to return, yes.

And as soon as he leaves the US he'll incur a 10 year ban for his overstay. He'll then have to apply for a waiver.

is there a form letter for that?

I notice you do not have a time line. Just wondering where you are gaining your experience from to lend advice?

Edited May 31, 2009 by diadromous mermaid