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Hansi

Divorce right after interview

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Hansi,

(1) when was your AOS approved?

(2) when did you find out about her infidelity?

(3) are you still in school?

These questions are very relevant to the probability of you keeping the GC and your timeline is not filled. Assuming that your AOS is indeed approved, you can divorce and you can remove conditions as divorced with a waiver. You will need to file form I-751 immediately after divorce, with evidence of co-mingling of finances and of social life. So think about what kind of evidence you can provide (from the time you started dating to the time of break-up). After 10 months of marriage you should have plenty of docs (and you probably submitted a lot of them for AOS already).

Divorce can take a while and it is very hard to get a divorce based on adultery unless she's willing to accept these grounds, which she probably will not. So yeah, just let her file for divorce... and once that's done, file for ROC with a waiver.

Sh*t happens. You'll be okay.

Hi, I am a German living in the US since four years. In January 2010 I moved in with my current wife. In June 2010 we married. Last we had out interview, and it was very good; I should get in 10-15 days the conditional Green Card.

Sadly, we'd some issues since New Years. At work, a co-worker made advances to her, and she fell for him. They met only three times so far, and he and his family want her to divorce me and marry him. My wife says she still loves me and is honest, and wants this to end in a way not hurting me.

I am, was, here on a F1. I didn't need a that much Green Card, since I worked as a TA with the F1, and was fine with that, but liked to have it. Now however, things are a mess. Besides being betrayed by my wife, I wonder what I should do with the Green Card. Should we divorce a month after the conditional is issued? Wait? How long? Can we cancel the thing?

Thanks indeed for the help!

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: AOS (apr) Country: Germany
Timeline

We'd our interview two weeks ago - I think it was approved, but I haven't heard anything yet.

She told me that she loves me, but not the same way a couple of days prior to the interview. I was sick at heart, but thought it was not serious. After the interview did I see evidence for what she was doing.

I am still working for the school, have secured funding for two years.

I love her very much, marriage's sanctity is important for me. I fowed to love her in bad times and sickness, and unconditional love means that I cannot walk away from her just because she wants it. I will not file for divorce (easily), but if necessary, I can show full financial co-mingling, and ALL our social circle backs me as character witnesses.

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Filed: AOS (apr) Country: Germany
Timeline

I still haven't received the card. In case however, is it possible to abort the process, and go back to the I-20 and F1 thing? Or do I've to get the card, then she files for divorce, and then I'll see how it goes?

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Filed: Other Timeline

I still haven't received the card. In case however, is it possible to abort the process, and go back to the I-20 and F1 thing? Or do I've to get the card, then she files for divorce, and then I'll see how it goes?

You really need to try to take a deep breath and don't let it get to you so much. Wait for the Green Card to arrive, and then worry about how to get another one. Take one step at a time.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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  • 3 weeks later...
Filed: AOS (apr) Country: Germany
Timeline

Hi, a month has past since the interview, and when I check the file on the USCIS page with receipt number, it still says "Testing and Interview." How long does it take on average to hear back? Is there something indicative about the fact that after four weeks still nothing has happened? Is the person who interviewed us the only person who decides on the issue, or is anyone else involved?

Many thanks

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Filed: Citizen (apr) Country: Brazil
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one post removed per op request.

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Filed: AOS (apr) Country: Germany
Timeline

I don't know what the average time is, but I received an approval notification and a welcome letter just three or four days after the interview. If you haven't heard anything yet, perhaps it's time to schedule an infopass.

Keep in mind, though, that the IO told us at the interview that we were approved - it seems that you did not get a verbal confirmation, either. To the best of my knowledge, if a case is not entirely straight-forward, some IO's will submit the file to a supervisor for for subsequent analysis before a decision is made.

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Filed: AOS (pnd) Country: France
Timeline

Hello everybody,

Almost the same situation here,

So I jump on this thread to relate my story,

Our relationship seems to do not work.

I just receive my EAD card last month, and still waiting for the interview. (check my timeline for further information)

what will happen If we divorce, before the interview

many thanks

06/06/09 - Enter U.S, it was also my bday

11/12/10 - Got Married

12/16/10 - Medical Examination (I-963)

12/22/10 - I got my sealed mail(I-963)

01/25/11 - Day 000 - Mailed I-130, I-485, I-765, I-131 (USPS Express Mail)

01/26/11 - Day 001 - Delivered to Chicago IL, Lockbox

01/31/11 - Day 005 - Checks cashed

02/09/11 - Day 014 - NOA received in the mail

02/14/11 - Day 019 - Received Biometric appointment dated 2/2/2011, for 2/24/2011

02/24/11 - Day 029 - Biometric done

02/28/11 - Day 033 - Called USCIS regarding not seeing my cases online

03/24/11 - Day 057 - 2 receipts number appeared online EAD & AP approved

03/29/11 - Day 062 - USCIS ordered production of the EAD card

04/02/11 - Day 066 - EAD & AP "combined" card received

04/05/11 - Day 069 - Apllied for my SSN

04/11/11 - Day 075 - Social Security Card received

06/06/11 - Day 131 - Started to work - my bday - my second year in USA

08/22/11 - Day 1?? - Received by mail AOS interview on 09/26/11 @ 1:45pm Federal Plaza

08/27/11 - Day 1?? - Received by mail Cancellation of the interview.

08/29/11 - Day 1?? - Received by mail AOS interview on 10/03/11 @ 9:00am Holtsville (Long Island)

10/03/11 - Day 1?? - Green Card Approved "On October 3,2011,we ordered production of your new card" (appeared online)

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Filed: K-1 Visa Country: Vietnam
Timeline

Hello everybody,

Almost the same situation here,

So I jump on this thread to relate my story,

Our relationship seems to do not work.

I just receive my EAD card last month, and still waiting for the interview. (check my timeline for further information)

what will happen If we divorce, before the interview

many thanks

You have to be eligible for the immigration benefit you're requesting at the time you request it AND at the time it's granted. If you file for a divorce before the interview then you'll no longer be eligible for a green card, and you won't get one.

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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Filed: Country:
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Since she has put you through this nightmare, at least she should stay with you until you get your permanent green card. It's not your fault she to got with another guy.

It almost seems like marriage is a joke these days.

Really!?!?

How does committing Immigration Fraud and helping him commit Immigration Fraud help him?

He can divorce now and remove conditions without her, not waiting 2 years for anything.

If he waits 2 years and USCIS gets wind that that are living apart it will sink his ROC...

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Filed: AOS (pnd) Country: Romania
Timeline

Really!?!?

How does committing Immigration Fraud and helping him commit Immigration Fraud help him?

He can divorce now and remove conditions without her, not waiting 2 years for anything.

If he waits 2 years and USCIS gets wind that that are living apart it will sink his ROC...

I'm not sure he can get the green card if they get divorced. And IF he tells the truth, that means he just waisted all this time getting adjusted here in US for nothing. I think you are right, it wouldn't be a good ideea to stay together just for the green card, but i just feel sorry for him...it's not his fault and he should not loose the right to be here after what he went through...

You canb not just play with people's feelings, and lives like that, the guy made a huge comitment to leave his country, his friends, leave everything behind...get used to a new life, in a new country, just so that he can go back home...that sucks!

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Filed: Country:
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I'm not sure he can get the green card if they get divorced.

There is nothing that is "for sure" in the immigration process except if you get caught lying and are charged with Material Misrepresentation then you will be kick-out with a lifetime re-entry ban.

USCIS has a process for LPRs who are divorced while on a Conditional Greencard. All he needs to do is prove that the marriage was entered into in good faith which is as simple as showing joint accounts & cohabitation.

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Filed: AOS (apr) Country: Germany
Timeline

There is nothing that is "for sure" in the immigration process except if you get caught lying and are charged with Material Misrepresentation then you will be kick-out with a lifetime re-entry ban.

USCIS has a process for LPRs who are divorced while on a Conditional Greencard. All he needs to do is prove that the marriage was entered into in good faith which is as simple as showing joint accounts & cohabitation.

Thank you all for the good advice. My wife left yesterday. She stays with coworkers, but all her stuff is still here, our/my home is a safe haven while she is out living. The guy with whom she had the affair, dumped her btw. The marriage was/is legit. Her family, my mother in law, and a lot of people state that. We still have financial comingling, and a ton of pics of our lives for 1 1/2 years. Nothing has changed other than that she sleeps somewhere else (hopefully alone). I go to counceling at church, since I was close to going insane when my wife did this. She was desperate to get a divorce, thus to start to be with the Latin-lover. Now, that that is on the back-burner, she is "relatively" more civil - and wants to focus on her own. Better than nothing.

I have faith in the Lord that we will be together again, I want to be with that person till I die. Sadly, USCIS is not a help in handling this marriage crisis as I would otherwise do. But now that is the situation. I haven't been to a lawyer, since what I saw here helped me, and we will wait till the GC arrives. If not, can I still take my case to immigration court with a rejected GC? When the card arrives, we will divorce and I will file for removal of conditions asap - or we will be back together. I've been honest my whole life, and do not intend to change anything about that. I lived like a eunuch for five years in the US without marrying - so I clearly showed no intend to marry and stay. In the 6th year, I loved someone and married her - that is more than normal. Now we're in a crisis, and I've faith in the Lord that he will strengthen our love and marriage, and I do not want USCIS to interfere with our lives.

Thanks folks!

Edited by Hansi
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  • 5 years later...
 
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