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Jowayne

Waiting for greencard but i have a problem...

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Hi everyone I am still waiting for my greencard and kids greencard as well we filed it end of Feb.2010 ,got my EAD and Advance Parole already, anyway my problem is my Marriage is not working really good my question is what will gonna happened to the AOS that we filed if hypothetically we file for a Divorce? and what should i do if that will gonna happened? is there any other way for me to stay here in US?

Thanks in Advance.

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If you want to stay in the US, you should wait on the green card. It should be coming soon.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Hi everyone I am still waiting for my greencard and kids greencard as well we filed it end of Feb.2010 ,got my EAD and Advance Parole already, anyway my problem is my Marriage is not working really good my question is what will gonna happened to the AOS that we filed if hypothetically we file for a Divorce? and what should i do if that will gonna happened? is there any other way for me to stay here in US?

Thanks in Advance.

looks like you just got married, don't you love your husband anymore? why not think about counseling and talking to make things work out, unless he's physically violent or anything like that.

you need time to get to know and accept your spouse, specially because you come from different cultures and speak different languages. you didn't come here just for the gc's, right? :)


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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looks like you just got married, don't you love your husband anymore? why not think about counseling and talking to make things work out, unless he's physically violent or anything like that.

you need time to get to know and accept your spouse, specially because you come from different cultures and speak different languages. you didn't come here just for the gc's, right? :)

Yes we just got married for 8 months and 28 days,He never physically violent me or anything its just i'm so stress of dealing with his family,i tried many many times

to understand and respect them and their cultures and everything here in US,but i just found out lately that he is Mama's boy and can't able to depend me,and their are many times that he choose to believe his mother over me which is i understand because that was still his mother no matter what,BUT one thing i hate about is, his Mom is a type of person who gossip all the time with her friends and other relatives about what's going on in our family/relationship,like if we fight for something which is supposed to be deal by me and my husband is she's always there and support his son and be one sided and say bad things against me and It's always been my FAULT,. My husband wants to buy me a new phone because my phone got broke and he made a promise that he will gonna buy me and i told him even just a fancy phone because we were living in a middle of nowhere and if something wrong happened to me or the kids i can able to use it,so the next day after he talked to his mom via phone everything changed and he told me nope i wont gonna buy you a new phone anymore its you fault blah blah so i said ok no problem..and beside that my 2 pinoy kids is not used to american food etc. and they were forcing my kids to eat something that they never tried and then my husband and his mom said that if you kids don't eat this its fine but your mama (me) wont gonna cook anything to feed you so whatever is in the table thats the only food they have to eat and if they don't like it sorry, kids has to suffer for not eating all day or night.I mean how bad it is to say and act like that to the kids,tell me if i was wrong here but we should not let the kids suffer for something we thought it was right to do,it hurts my feelings big time because i wasn't raise by my parents like that way,there are lots of stories that was going on lately and kinda private bout us and it will take me forever to type every detail that they did to me but one thing for sure is my husband is one sided and can't able to decide what he think is right for us his family,he thinks that his mom is always right and i'm always wrong,he think his mom knows everything and i'm not.I love him so much that's why i choose to marry him and live here in US even though i still have another daughter in the Philippines,I didn't marry him because of Greencard infact his the only one who wants me to come here and bring my kids here so i thought it's a good thing that he had a good intention to my kids as well,but i mentioned in my question if there's another way for me to stay here in US if me and my husband got divorce is because my kids beggining to like their new friends/classmates here, but if there is no way that we can able to stay here i don't mind going back in Phil.where i really wanted to be ,and probably the end of my stress... I just know that I marry him because i thought i am going to have a bestfriend,a partner, and a husband who will protect me,listen to me,understand me,care about me and love as i do to him and not just be a mama's boy and choose to always follow whatever his mom says eventhough it might gonna cause us problems or fights. I will try to fight our relationship and continue to take care of him and love him but i hope that one day i woke up and i don't have to deal with those problems anymore.But if things get worst and he can't stand by his own i guess that's gonna be the end of our Marriage.

Edited by Jowayne

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Hearing what's goin on in ur marriage life is so sad. :( Pray that everything's will be ok. As what ur query is, u need to wait for ur green card enable to stay here in US.


K1 Visa
Sept.2009 Sent Petition
Oct.2009 Petition Approved
Nov.2009 Visa Recieved
-------------------------
AOS
Feb. 2010 Sent AOS
Mar. 2010 Biometrics
May 2010 Interview
Jun 2010 GC Recieved
-------------------------
Removing of Condition:
Mar.19,2012---------ROC sent
Mar.20,2012---------VSC received signed by D. Renaud
Mar.23,2012---------Check encashed
Mar.24,2012---------NOA1
Apr.19,2012----------Biometrics (Early Bio 4/11/2012)
May 2012 ------------Biometrics redo

Nov.30,2012---------RFE (fingerprint can't read needs to submit police clearance)

May 2013-------------Received Permanent Residence Card


00bor6fe477d3.png

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Yes we just got married for 8 months and 28 days,He never physically violent me or anything its just i'm so stress of dealing with his family,i tried many many times

to understand and respect them and their cultures and everything here in US,but i just found out lately that he is Mama's boy and can't able to depend me,and their are many times that he choose to believe his mother over me which is i understand because that was still his mother no matter what,BUT one thing i hate about is, his Mom is a type of person who gossip all the time with her friends and other relatives about what's going on in our family/relationship,like if we fight for something which is supposed to be deal by me and my husband is she's always there and support his son and be one sided and say bad things against me and It's always been my FAULT,. My husband wants to buy me a new phone because my phone got broke and he made a promise that he will gonna buy me and i told him even just a fancy phone because we were living in a middle of nowhere and if something wrong happened to me or the kids i can able to use it,so the next day after he talked to his mom via phone everything changed and he told me nope i wont gonna buy you a new phone anymore its you fault blah blah so i said ok no problem..and beside that my 2 pinoy kids is not used to american food etc. and they were forcing my kids to eat something that they never tried and then my husband and his mom said that if you kids don't eat this its fine but your mama (me) wont gonna cook anything to feed you so whatever is in the table thats the only food they have to eat and if they don't like it sorry, kids has to suffer for not eating all day or night.I mean how bad it is to say and act like that to the kids,tell me if i was wrong here but we should not let the kids suffer for something we thought it was right to do,it hurts my feelings big time because i wasn't raise by my parents like that way,there are lots of stories that was going on lately and kinda private bout us and it will take me forever to type every detail that they did to me but one thing for sure is my husband is one sided and can't able to decide what he think is right for us his family,he thinks that his mom is always right and i'm always wrong,he think his mom knows everything and i'm not.I love him so much that's why i choose to marry him and live here in US even though i still have another daughter in the Philippines,I didn't marry him because of Greencard infact his the only one who wants me to come here and bring my kids here so i thought it's a good thing that he had a good intention to my kids as well,but i mentioned in my question if there's another way for me to stay here in US if me and my husband got divorce is because my kids beggining to like their new friends/classmates here, but if there is no way that we can able to stay here i don't mind going back in Phil.where i really wanted to be ,and probably the end of my stress... I just know that I marry him because i thought i am going to have a bestfriend,a partner, and a husband who will protect me,listen to me,understand me,care about me and love as i do to him and not just be a mama's boy and choose to always follow whatever his mom says eventhough it might gonna cause us problems or fights. I will try to fight our relationship and continue to take care of him and love him but i hope that one day i woke up and i don't have to deal with those problems anymore.But if things get worst and he can't stand by his own i guess that's gonna be the end of our Marriage.

looks like the main problem is his mother, talk to your husband and tell him what you feel. if you tell him he's going to lose you, he might consider moving far enough from mommy. if he insists that you all stay near his mother, tell him all that stress that you;ve been having, and if still insists, tell him it's you or his mother, and if he chooses mommy, then there's your ground for divorce.

the key is to let him know instead of suffering alone by yourself.

in any case, you can stay here after you get your gc and be able to remove conditions (2yrs after)if you're already divorced by then.


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Filed: K-1 Visa Country: Vietnam
Timeline

Hi everyone I am still waiting for my greencard and kids greencard as well we filed it end of Feb.2010 ,got my EAD and Advance Parole already, anyway my problem is my Marriage is not working really good my question is what will gonna happened to the AOS that we filed if hypothetically we file for a Divorce? and what should i do if that will gonna happened? is there any other way for me to stay here in US?

Thanks in Advance.

Technically, if you file for a divorce before your green card application is approved then you become ineligible for a green card. Since your case was transferred to CSC then you likely won't be having an interview, so USCIS would probably still issue the green card even after you filed for divorce. However, the date of the divorce and the date your green card were issued will come up when you file to remove conditions. USCIS will conclude you never should have gotten the green card, and will deny the removal of conditions.

There was one case I recall where someone filed for a divorce before the green card was approved, and managed to remove conditions successfully. However, in that case the adjustment of status was originally denied by USCIS, the denial was reaffirmed by an immigration judge, and again reaffirmed by the Board of Immigration Appeals. They alien finally won when they filed an appeal with 9th Circuit Court of Appeals. The only reason they won was because USCIS had originally taken two years to adjudicate the adjustment of status, and the court concluded if USCIS had adjudicated the petition in a reasonable amount of time then the alien would still have been married when the adjustment of status was approved. I don't think you want to have to rely on USCIS taking two years to adjudicate your AOS, and then filing a lawsuit against USCIS in the 9th Circuit Court in order to keep your green card.

If you file for the divorce after your green card is approved then you can self-petition to remove conditions from the green card, and get a 10 year green card that's no longer conditional on your marriage. You need to prove you entered the marriage in good faith.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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