AOS Pending and separated from my wife.

[dee56 0]

I married my wife in April of 2013 and filed in may 2013. We have lived together since then and we had our GC interview in september of 2013. The interview had a few glitches with one or two questions answered incorrectly. Overall, it went well cos we had few laughs with the IO and got talking politics and all. The IO said we'll get a response in the mail as she'll review our application before making her decision. We haven't heard back from them ever since and everytime i call, they'll say it's still under review.

My wife and i have now separated since november due to a lot of in-differences and misunderstandings. She moved to her sister's house and vowed not to move back in with me cos she thinks i complain too much about her not wanting to get a job. I also started seeing someone else a couple of weeks ago and I am very concerned about the whole situation as it might jeopardize everything with USCIS.

Anybody have an idea what i can do? or do i just go get a lawyer?

[aaron2020 11,651]

Since you no longer have a bona fide marriage to base the AOS on, it would be immigration fraud to pursue the green card.

Usually when couples find themselves in the situation of splitting up before getting the green card, the US citizen usually withdraws the I-864 and end the case.

Which of you is the immigrant? You or your wife?

Edited December 15, 2013 by aaron2020

[Hypnos 6,576]

Since you no longer have a bona fide marriage to base the AOS on, it would be immigration fraud to pursue the green card.

Not necessarily, but USCIS can use a separation as a factor in their decision. Generally though, family-based green cards are meant for the purpose of family reunification, and if the marriage breaks down then there is no family left to unify.

OP, you may wish to speak with an experienced immigration attorney, since you're hovering around a decidedly grey area.