AOS Withdrawal or Conditional Green Card

[jadrach 0]

Is this complicated enough?

I am married to a US citizen for 9 months. We applied for the AOS in September. In November we were notified that because of lack of financial evidence, we needed to get another sponsor, which I was able to find, without my spouse's help. We have NOT had our interview. We are having a lot of trouble in our marriage, and my spouse has talked about filing for divorce. In terms of the marriage itself, it was legit, but since being married, my spouse has changed. Before being married she was understanding and told me she would help me with the immigration process. Now she is unhelpful and unsympathetic to my position. I have nothing and no means to help financially. She is sure to get food for her children, but not for me. The house I live in is hers from before we met. She also bought an additional vehicle since being married, but because I don't have a work permit/ssn, I technically can't put my name on anything, yet. I have some questions...

1. What would happen if we went through the interview process, I got my conditional green card and then we divorced? I've seen all kinds of information, but what I want to know specifically is this: if the divorce is final and I remarry BEFORE the conditional green card is expired, can I begin the AOS process all over again with my new spouse?

2. If I withdrawal from the AOS application, what will happen to me? I came to the US legally, but now my visa is expired. Will I be deported if one or the other of us withdraws from the application? And is it possible to withdraw after the conditional green card is issued?

Thanks for any ideas.

[David And Katie 5]

You can be put on her bank account, insurance, even get a car title without an SSN. I did. Although I think having an SSN helped with the car title.

If you have proof you entered into the marriage in good faith (proof you lived together under the same roof etc) this will help.

I'm sorry I can't offer more advice. Good luck.

[VanessaTony 3,567]

1. You need to file ROC as soon as you are divorced, as in immediately. You don't wait for the 90 days before expiration date. You would need to provide evidence that the relationship was bonafide and not for the GC. It's possible. You wouldn't file a new AOS with a new spouse. Your new relationship would only be relevant if your ROC was denied and you then tried to AOS based on the new marriage (whether that would work I have no idea because it would look suspicious for sure).

2. You need to go home. You will be out of status. You will be (usually) given 30 days to leave. It's not possible to withdraw the AOS once the GC is issued, but it's possible to return to your home country and give up the GC.

[jadrach 0]

1. You need to file ROC as soon as you are divorced, as in immediately. You don't wait for the 90 days before expiration date. You would need to provide evidence that the relationship was bonafide and not for the GC. It's possible. You wouldn't file a new AOS with a new spouse. Your new relationship would only be relevant if your ROC was denied and you then tried to AOS based on the new marriage (whether that would work I have no idea because it would look suspicious for sure).

2. You need to go home. You will be out of status. You will be (usually) given 30 days to leave. It's not possible to withdraw the AOS once the GC is issued, but it's possible to return to your home country and give up the GC.

Thanks for your help! I feel dumb, but what's an ROC?

[VanessaTony 3,567]

Thanks for your help! I feel dumb, but what's an ROC?

Removal of Conditions. The GC you would get based on a marriage that's less than 2 years old (or more than 2 years old on a K1 but failing the file an I-130) is a 2 year "conditional" GC. 90 days before the expiration date on your 2 year card would be when you would normally file for ROC. But the "condition" on the 2 year card is the marriage to the USC. If you are no longer married to the petitioning USC then you are in breach of the conditions and can get into trouble so you MUST file ROC as soon a the divorce is final.

If you're planning to divorce near the 90 days then you should still file for ROC with the divorce waiver before your card expires rather than waiting for the divorce to be final. But as this doesn't apply to you I won't bother going into details.

[jadrach 0]

Removal of Conditions. The GC you would get based on a marriage that's less than 2 years old (or more than 2 years old on a K1 but failing the file an I-130) is a 2 year "conditional" GC. 90 days before the expiration date on your 2 year card would be when you would normally file for ROC. But the "condition" on the 2 year card is the marriage to the USC. If you are no longer married to the petitioning USC then you are in breach of the conditions and can get into trouble so you MUST file ROC as soon a the divorce is final.

If you're planning to divorce near the 90 days then you should still file for ROC with the divorce waiver before your card expires rather than waiting for the divorce to be final. But as this doesn't apply to you I won't bother going into details.

Ok, so if the ROC is filed, what does that mean for me? I want to stay in the US but would they take away my green card and work permit? I don't have my name on anything in terms of bills or accounts. I don't know if I would have enough evidence to show that I married her for love, but then also that the marriage fell apart legitimately.

And the only way for me to proceed using a withdrawal of the AOS is to leave the country? What happens if it is my wife that does the withdrawal? would I be deported?

Thanks for looking at this, everyone!

[Brother Hesekiel 2,235]

Vanessa,

the way I understand the O.P., they are pre-AoS. RoC is in a different galaxy for them.

[VanessaTony 3,567]

Ok, so if the ROC is filed, what does that mean for me? I want to stay in the US but would they take away my green card and work permit? I don't have my name on anything in terms of bills or accounts. I don't know if I would have enough evidence to show that I married her for love, but then also that the marriage fell apart legitimately.

And the only way for me to proceed using a withdrawal of the AOS is to leave the country? What happens if it is my wife that does the withdrawal? would I be deported?

Thanks for looking at this, everyone!

YOU file the ROC. It's a standard part of the process (for instance my 90 days starts in April this year so I need to file ROC.). You would get the 10 year GC at the end if it's approved. Have a look at the form i-751 and it's instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD).

When you file for ROC you will get a receipt that states your GC is extended for another year while they process the paperwork. It takes around 6 months at the moment I believe. You can use that extension letter to work and leave and re-enter the country. It's basically the same as your GC until you receive the actual card.

If you don't have a lot of relationship evidence you can still try and ROC. I don't personally believe your chances are very high with such little evidence but you won't know for sure unless you try.

Vanessa,

the way I understand the O.P., they are pre-AoS. RoC is in a different galaxy for them.

I know but he asked 2 questions. 1 was what happens if he divorces AFTER the GC arrives and the 2nd was what happens if she pulls support (or he withdraws).

I told him he would need to ROC immediately after divorce if he has the GC. If he doesn't have a GC and either of them cancel the process he needs to leave.

[jadrach 0]

YOU file the ROC. It's a standard part of the process (for instance my 90 days starts in April this year so I need to file ROC.). You would get the 10 year GC at the end if it's approved. Have a look at the form i-751 and it's instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD).

When you file for ROC you will get a receipt that states your GC is extended for another year while they process the paperwork. It takes around 6 months at the moment I believe. You can use that extension letter to work and leave and re-enter the country. It's basically the same as your GC until you receive the actual card.

If you don't have a lot of relationship evidence you can still try and ROC. I don't personally believe your chances are very high with such little evidence but you won't know for sure unless you try.

I know but he asked 2 questions. 1 was what happens if he divorces AFTER the GC arrives and the 2nd was what happens if she pulls support (or he withdraws).

I told him he would need to ROC immediately after divorce if he has the GC. If he doesn't have a GC and either of them cancel the process he needs to leave.

I am with you so far. Just to recap in my own words, if I proceed with the AOS, then I will have an interview. Let's assume everything goes well there. Then I get a divorce. I process the ROC. They will take away my green card but the letter indicating the extension is good for one year and will be enough to work and come/go to the US.

What would happen if the AOS was withdrawn PRIOR TO the interview? You indicated once the GC is issued neither me nor my wife can withdraw, but what about before the GC is issued? Would I still be made to leave the country if my visa is expired? Would it be possible to withdraw the AOS, divorce, stay in the country and remarry? Or would USCIS be suspicious because of more than one application? This is so crazy and stressful...

[milimelo 4,230]

What visa did you enter on? If it wasn't K-1 I need to move your topic to AOS from student, work, tourist visa.

[VanessaTony 3,567]

I am with you so far. Just to recap in my own words, if I proceed with the AOS, then I will have an interview. Let's assume everything goes well there. Then I get a divorce. I process the ROC. They will take away my green card but the letter indicating the extension is good for one year and will be enough to work and come/go to the US.

What would happen if the AOS was withdrawn PRIOR TO the interview? You indicated once the GC is issued neither me nor my wife can withdraw, but what about before the GC is issued? Would I still be made to leave the country if my visa is expired? Would it be possible to withdraw the AOS, divorce, stay in the country and remarry? Or would USCIS be suspicious because of more than one application? This is so crazy and stressful...

First paragraph is correct.

Re second paragraph. I'm sorry I just naturally assumed (foolish of me) that because of the forum you posted in you arrived here on a K1. The part of this advice depends on what visa you came in on. What visa did you arrive on? (This topic will be moved if anything other than a k visa)

[jadrach 0]

What visa did you enter on? If it wasn't K-1 I need to move your topic to AOS from student, work, tourist visa.

It was B2

[jadrach 0]

First paragraph is correct.

Re second paragraph. I'm sorry I just naturally assumed (foolish of me) that because of the forum you posted in you arrived here on a K1. The part of this advice depends on what visa you came in on. What visa did you arrive on? (This topic will be moved if anything other than a k visa)

Wow, sorry. How foolish of me. Thanks for your time anyway.

[VanessaTony 3,567]

It was B2

Ahh then this topic will be moved.

Because you arrived on a B2 then the rules are different. If your current AOS is withdrawn/denied you are able to marry someone else and AOS through them. When the AOS is denied you start accumulating out of status days so you WILL be out of status.

There's also no guarantee that AOS through someone else will permit you to stay here. It depends on many factors. How long between this marriage and the next. What the reasons were for AOS cancellation etc.

[jadrach 0]

Ahh then this topic will be moved.

Because you arrived on a B2 then the rules are different. If your current AOS is withdrawn/denied you are able to marry someone else and AOS through them. When the AOS is denied you start accumulating out of status days so you WILL be out of status.

There's also no guarantee that AOS through someone else will permit you to stay here. It depends on many factors. How long between this marriage and the next. What the reasons were for AOS cancellation etc.

Should I repost in the correct forum?