Divorce before final green card

[Devkpaik 1]

Hey everyone,

My wife and I went through the process of getting her to the U.S. on a K-1 Visa, then we got married and filed for adjustment of status. We went to the initial interview and she got her green card which I believe is a 2-year green card.

We have been married since December 2008 and from that time until now, she has moved out of my house and was cheating on me behind my back with another guy.

She hasn't lived with me since March or April of 2010. I thought we could work the problems out. She lived at a diff. residence during this time and I gave her another chance to be faithful and thought I could trust her, however she cheated again and we have been broken up since July but have not filed for a divorce yet.

However, I want to file for a divorce but am unsure how this affects he status and if this cancels the adjustment of status, or what have you.

Her green card expires in August of this year I believe, and I think she has to go in for another interview to get her permanent green card?

I am wondering if we get a divorce, what happens and does she still get her permanent green card? Also, do I qualify for an annulment?

Thanks so much in advance

[Barbara J 115]

Hey everyone,

My wife and I went through the process of getting her to the U.S. on a K-1 Visa, then we got married and filed for adjustment of status. We went to the initial interview and she got her green card which I believe is a 2-year green card.

We have been married since December 2008 and from that time until now, she has moved out of my house and was cheating on me behind my back with another guy.

She hasn't lived with me since March or April of 2010. I thought we could work the problems out. She lived at a diff. residence during this time and I gave her another chance to be faithful and thought I could trust her, however she cheated again and we have been broken up since July but have not filed for a divorce yet.

However, I want to file for a divorce but am unsure how this affects he status and if this cancels the adjustment of status, or what have you.

Her green card expires in August of this year I believe, and I think she has to go in for another interview to get her permanent green card?

I am wondering if we get a divorce, what happens and does she still get her permanent green card? Also, do I qualify for an annulment?

Thanks so much in advance

well no you are not entitled to an annulment but as far as I know she does not need you to remove conditions she can do that herself so get the divorce and be rid of her . Sorry this has happened to you cheating is such an awful thing for a partner to do.

[TracyTN 237]

She has already adjusted status - she has yet to remove conditions.

And yes, Virginia, she can remove conditions on her own. There is a 'pinned' topic at the top of this very forum about that subject, and also a dedicated FAQ.

http://www.visajourn...esident-status/

http://www.visajourney.com/content/family-status-immigration-a

Edited April 21, 2011 by TracyTN

[Ning 619]

Hey everyone,

My wife and I went through the process of getting her to the U.S. on a K-1 Visa, then we got married and filed for adjustment of status. We went to the initial interview and she got her green card which I believe is a 2-year green card.

We have been married since December 2008 and from that time until now, she has moved out of my house and was cheating on me behind my back with another guy.

She hasn't lived with me since March or April of 2010. I thought we could work the problems out. She lived at a diff. residence during this time and I gave her another chance to be faithful and thought I could trust her, however she cheated again and we have been broken up since July but have not filed for a divorce yet.

However, I want to file for a divorce but am unsure how this affects he status and if this cancels the adjustment of status, or what have you.

Her green card expires in August of this year I believe, and I think she has to go in for another interview to get her permanent green card?

I am wondering if we get a divorce, what happens and does she still get her permanent green card? Also, do I qualify for an annulment?

Thanks so much in advance

I suggest you find out exactly what you need to do to file for divorce in your State. You may be liable for any credit type bills she creates until you begin divorce proceedings. Go to your court house to get inital info.

The cheating is bad enough. Dont let the situation get worse by waiting. I am sorry this happened to you. One good thing is you figured it out early & know what kind of person she is. The other guy is at risk as well of course but he may deserve her!