Divorce before AOS?

[Milan&Pam 4]

Need some advice please!

My husband came to the US on a K-1 VISA and we were married in December 2012. Shortly after arriving is was apparent that it was impossible for us to live together. We have now agreed to divorce. Everything started out as a perfect romance but did not have a happy ending. It happens sometimes to those with the best intentions. I prefer not to go into personal details but I can say these two things for certain: 1) I was not being abused and 2) he did not marry me for a green card. The rest of the details are unrelated to to his immigration case and I prefer to keep them private in this forum.

The facts are, we have filed for his AOS in February and are still waiting for an interview. Knowing he would come here, and thinking we would be married forever, he gave up his job and his home in his country. He basically has nothing to go back to. Since moving to the US he has found a job, recently a new place to live and is trying to start his new life. He has asked if I would please still attend his interview and try to obtain his green card as it will be difficult for him to return home. We are not on bad terms...we just know we are not good for each other. I still care about him and want to see him happy.

I spoke with our immigration attorney and told him the situation. I also told him and my husband, if I agree to go, I will NOT go and pretend we are happily married. I will fully disclose my intentions of following through with the divorce. My attorney stated "As long as you prove that you entered into the marriage in good faith (which we absolutely did), then he should still be able to adjust his status".

Why doesn't this sound right to me??

My questions are as follows:

1) What are the changes of Immigration approving his AOS?

2) If they do, I assume I am still financially responsible for him. If so, for how long?

3) If they do not approve him, how long does he have to vacate the country?

4) I am waiting until after the interview to file, in case it helps, but are there any ramifications to this? In other words, am I making a mistake but not filing before and/or revoking my petition?

This is was all such a huge emotional mess. Adding immigration and legal worries to it is just becoming too much. I know know if I should I trust my attorney or should I maybe consult another. Not sure what I should do here. The truth is i don't care one way or the other...I just want everyone to be happy. We have been through so much already and I am only trying to help him to maybe make this easier on him. But I also have to think of myself and how this will affect me legally and financially.

Any advice would be greatly appreciated.

[Henry&Rebecca 39]

I spoke with our immigration attorney and told him the situation. I also told him and my husband, if I agree to go, I will NOT go and pretend we are happily married. I will fully disclose my intentions of following through with the divorce. My attorney stated "As long as you prove that you entered into the marriage in good faith (which we absolutely did), then he should still be able to adjust his status".

I think your lawyer is wrong on this one. Regardless of whether you entered the marriage in good faith or not, the simple fact of the matter is that even if your GC was approved, your husband would receive a CONDITIONAL 2-year GC, and the CONDITION of that GC is that you 2 remain a married couple for the duration of it.

So tell me: Why would an immigration officer approve his conditional GC, when you're already going to be telling him that you intend to break the condition?

This is stupid thinking. Your only options here are to withdraw your application and have your soon-to-be EX husband deported from the US, or commit fraud and pretend to be happily married and then stay married for 2 years and commit fraud again after 2 years for his removal of conditions (needless to say, I'd highly advise against the second option as it's a crime).

Edited August 28, 2013 by Henry&Rebecca

[Umka36 781]

Check this out:

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

OP, you should be aware that you will be stuck with the I-864 should your soon to be ex-husband get his GC.

I suggest divorcing, withdrawl the AOS, and move on with your life. It may be hard to do, but you have to do what is in your best interest.

[sba.rsa 10]

Need some advice please!

Everything started out as a perfect romance

1) I was not being abused

2) he did not marry me for a green card.

We are not on bad terms...we just know we are not good for each other. I still care about him and want to see him happy.

I don't have any immigration advice, but you post bought chills to my spine, so I felt I had to respond.

There are lot of jealous people who don't like to see others happy, so many times, intentionally or unintentionally, they will poison one spouse's mind about the other spouse.

I am starting to see this happen to me, but luckily, due to past life experiences, I started to realize what is happening, and now I pray to God for comfort.

Everything started as a perfect romance (and the people I am surrounded with were never blessed with the perfect romance in their whole life).

My husband also is not using me for green card, and we get along really well (although we argue and stuff).

Please don't get upset at me or this post, but things like this are really scary.

I don't know your whole situation, your whole life experience, so I cannot judge. I just hope everything works out better than you dreamed of.

God Bless You.

[Darnell 8,478]

IMO:

1) What are the chances of Immigration approving his AOS?
22 percent, if there's an interview. 100 percent, if no interview.


2) If they do, I assume I am still financially responsible for him. If so, for how long?
10 years, or 40 quarters of work, or after he becomes USCitizen, or 18 months after he abandons his green card by leaving the USA.


3) If they do not approve him, how long does he have to vacate the country?
unsure. 30 days? 60 days?


4) I am waiting until after the interview to file, in case it helps, but are there any ramifications to this? In other words, am I making a mistake but not filing before and/or revoking my petition?

later, if you choose to petition for another foreign spouse/fiance - a review will be done on what transpired before, and the pattern of mis-representation might reveal itself. Or a pattern of immigration fraud might reveal itself. Note I use the word 'might' here, twice. As to 'the mistake' - it depends on what the intent is.

[Henry&Rebecca 39]

Check this out:

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

OP, you should be aware that you will be stuck with the I-864 should your soon to be ex-husband get his GC.

I suggest divorcing, withdrawl the AOS, and move on with your life. It may be hard to do, but you have to do what is in your best interest.

ooooooo this is news to me. I stand corrected. Please ignore my first post in this thread (can't figure out how to delete it and can no longer edit either).

[Sarah Elle-Même 660]

I think your lawyer is wrong on this one. Regardless of whether you entered the marriage in good faith or not, the simple fact of the matter is that even if your GC was approved, your husband would receive a CONDITIONAL 2-year GC, and the CONDITION of that GC is that you 2 remain a married couple for the duration of it.

So tell me: Why would an immigration officer approve his conditional GC, when you're already going to be telling him that you intend to break the condition?

This is stupid thinking. Your only options here are to withdraw your application and have your soon-to-be EX husband deported from the US, or commit fraud and pretend to be happily married and then stay married for 2 years and commit fraud again after 2 years for his removal of conditions (needless to say, I'd highly advise against the second option as it's a crime).

Plenty of people have been able to remove conditions on their own if they divorce within the 2 year period. They just have to prove they entered the marriage with good and honest intentions. This same option is not afforded to AOS applicants, however.

The OP would need to prove at this stage they are in a bonafide marriage and intend to stay married (for the foreseeable future). There is no way USCIS will give the soon to be ex husband a greencard. His "privilege" to be here is terminated once the marriage is terminated or once the relationship is proven to not be genuine or bonafide. Don't even entertain the thought of lying to USCIS because it will be easy to uncover. Sorry your husband made sacrifices but so did every beneficiary when they left their home country. It's a gamble and a risk. No one forced him to come here. He doesn't have any legal options to stay. You should be greatful for that because once a greencard and I-864 is approved you are on the hook for him financially until he becomes a US citizen or until the he can be credited with 40 qualifying quarters of work in the US. If you want to be charitable, send him off with some money so he can rebuild his life back home.

[Pinkrlion 2,611]

He will not be able to adjust if you divorce prior to AOS approval. In addition, you are liable based on I-864 for the 10 years , he leaves, death, or citizenship obtained ......

I hope that you are able to make a decision on what to do.

[newacct 688]

There is no way USCIS will give the soon to be ex husband a greencard. His "privilege" to be here is terminated once the marriage is terminated

He will not be able to adjust if you divorce prior to AOS approval.

Not necessarily true. See Matter of Alfred Kebbie Sesay. The OP's husband is adjusting status based on K-1 and marriage; as long as the marriage was bona fide, divorcing before AOS is approved does not necessarily mean AOS cannot be approved. I don't know how I-864 withdrawal will factor into it.

[VanessaTony 3,567]

Not necessarily true. See Matter of Alfred Kebbie Sesay. The OP's husband is adjusting status based on K-1 and marriage; as long as the marriage was bona fide, divorcing before AOS is approved does not necessarily mean AOS cannot be approved. I don't know how I-864 withdrawal will factor into it.

I understand what you're trying to say here but in the OP's situation this doesn't apply. The withdrawal of the I-864 results in denial of the I-485 petition.

[VanessaTony 3,567]

1) What are the changes of Immigration approving his AOS?

2) If they do, I assume I am still financially responsible for him. If so, for how long?

3) If they do not approve him, how long does he have to vacate the country?

4) I am waiting until after the interview to file, in case it helps, but are there any ramifications to this? In other words, am I making a mistake but not filing before and/or revoking my petition?

1. As he entered on a K1 there is a chance he will be approved without interview. That's taking a while. If there's an interview and you attend saying "we're filing for a divorce once he has his GC" it doesn't' matter how much evidence you have of your relationship, they're going to think you're just helping him fraudulently get a GC. It just doesn't sound good.

2. You are locked into the I-864 until any of the conditions listed on the form occur. this does not mean that you need to pay him, or are liable for his debts, but you MIGHT be sued by the US government to repay any means-tested benefits he uses... and to be honest, with Obamacare making healthcare mandatory, we've got no idea what sort of eligibility changes may occur. I would say it increases the risks of him using those benefits because he "has to".

3. Usually 30 days after denial I believe.

4. Well outside of the I-864 no. If you interview it will look like you both lied in the interview and planned to divorce all along. Might make his ROC harder... might might might.

Personally I wouldn't do it. He can go leave the US, buy/rent another house, get another job (or see if he can get his old one back). It's not ideal but you would be protecting yourself. You don't need to write a letter with your I-864 withdrawal but you can if you like, stating that it's only because of the incompatibility. I have to ask why "being happy" means YOU sacrifice your financial security just so that HE gets to stay here. Why can't "everyone be happy" mean he returns to his home country, you continue on with your life. Why does he have to gain and you lose?

I've seen enough things occur on these boards over the years that the idea of letting theI-864 get locked in and being on the hook financially when you know your relationship isn't viable... is terrifying to me.

p.s. I am the immigrant. I would have gone home had the relationship failed. I would STILL return to Australia, even this long in. That's because I'm not here for the GC. I can make my way back home perfectly fine. Yes I gave up possession, work etc, but I can get those back.

Edited August 29, 2013 by VanessaTony

[NigeriaorBust 4,087]

Also there is a huge fine for presenting your relationship as a marriage during the interview or letting the petition go when you know it is not. I am sure someone knows the dollar amount.

[newacct 688]

Also there is a huge fine for presenting your relationship as a marriage during the interview or letting the petition go when you know it is not. I am sure someone knows the dollar amount.

Well they are in a marriage, just not a happy one. The OP already said that she will not pretend to be in a happy marriage at the interview.

[Milan&Pam 4]

Thank you everyone for the information. And no, we will be absolutely honest during the interview...if we make it that far. I wouldn't even considered anything else. I will just let immigration, and the laws, make the decision. I will definitely post the results on VJ afterwards.

[Pitaya 2,576]

~Moved from Family-based AOS Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Inquiry about impending AOS and divorce~