Denied and Leaving

[GasBrommer 0]

I'm from the Netherlands and filed my I-485 last year. Me and my wife got married in June of 2008. Things were going well back then and we definitely got married in good faith. However, now the marriage is going bad and she would rather want a divorce (even though we are still friendly to each other). Now our interview is coming up and we are probably going to cancel it. Now my question is if there is a way I could terminate this in a good way with the USCIS, since we really got married out of good faith, it just didn't last long enough? I'm hoping I could still re-enter the US within the next year or 2 (to come on visit), but I was wondering what would be the best way to try to accomplish that? I would hate to be banned for 10 years.

Any ideas?

[Bobby+Umit 161]

Just call USCIS and cancel your AOS, they will require it in writing, notarized. Your wife should pull the affidavit of support (same conditions as you)

You will probably have 30 days to leave the country after the AOS is cancelled. It happens, and will not reflect poorly on you in future travels to the US, as long as you leave as expected.

However, if both you and (soon to be x) go to the interview, you can still adjust status, and remain in the US with the greencard. There are no issues if you do that. (this, of course, is if you want to remain in the US as an LPR)

USCIS also is in the process of passing new ruling on allowing you to use the same paperwork, instead of divorcing, withdrawing, and putting in your own paperwork.

[GasBrommer 0]

However, if both you and (soon to be x) go to the interview, you can still adjust status, and remain in the US with the greencard. There are no issues if you do that. (this, of course, is if you want to remain in the US as an LPR)

What do you mean with this? Say I get approved, don't I have to stay married to her for another year (June 2010) until I can remove the conditions of the greencard (and if we would get a divorce I will be sent back)?

[Gemmie 142]

Someone correct me if I'm wrong, but I think you can lift conditions on your own if the marriage can be proven to be entered in good faith (?) but I don't know how it's affected if your marriage breaks down before the CGC.

[GasBrommer 0]

Someone correct me if I'm wrong, but I think you can lift conditions on your own if the marriage can be proven to be entered in good faith (?) but I don't know how it's affected if your marriage breaks down before the CGC.

Well I'm sure she would want to stay married until after the interview. That shouldn't be a problem. But can someone give me some more information on whether I could lift the conditions on my own after I have the CGC?

[Big Papa Zone 93]

Someone correct me if I'm wrong, but I think you can lift conditions on your own if the marriage can be proven to be entered in good faith (?) but I don't know how it's affected if your marriage breaks down before the CGC.

No, you're not wrong: you can still adjust status on your own, provided that you can satisfy the powers that be, that the marriage was entered into in good faith.

How one actually goes about doing that though, God only knows..............

[Bobby+Umit 161]

However, if both you and (soon to be x) go to the interview, you can still adjust status, and remain in the US with the greencard. There are no issues if you do that. (this, of course, is if you want to remain in the US as an LPR)

What do you mean with this? Say I get approved, don't I have to stay married to her for another year (June 2010) until I can remove the conditions of the greencard (and if we would get a divorce I will be sent back)?

Read the thread here:

VJ Post about a similar case

[GasBrommer 0]

Thanks, I found more info here:

http://www.hooyou.com/divorce/aftercgc.html

So we would either have to have a kid together or own property together.

[GasBrommer 0]

Read the thread here:

VJ Post about a similar case

Thanks, reading this now. But it is getting confusing.

[It's me 1]

sorry

[Bobby+Umit 161]

I mis-read your initial OP - do you have the green card all ready?

[GasBrommer 0]

I mis-read your initial OP - do you have the green card all ready?

No, that's the problem. I still have to do the interview. I have an advanced parole and EAD but no CGC.

[Bobby+Umit 161]

The reason I ask is, if you do not have the green card yet, and if you divorce before the AOS is approved, you will not be eligible to become an LPR. (greencard).

Sorry for the confusion.

[GasBrommer 0]

I think the best thing to do is probably schedule an Infopass Appointment and explain the situation. I think at this point I'm just interested in not getting a 10 year ban, and being able to get back in the country on vacation only, whenever I want.

[Bobby+Umit 161]

I mis-read your initial OP - do you have the green card all ready?

No, that's the problem. I still have to do the interview. I have an advanced parole and EAD but no CGC.

Ah - then you really have no recourse if you get divorced before the interview.