Rights if Separated - Waiting for CG Interview

[Emmylou151 44]

First of all, immigration is tough!

My husband (the USC) and I have decided that we are no longer willing to make our marriage work. I came here on a K1 Visa, and we married in February 2016.

I am now in Arizona, my USC husband is in Ohio (also where our paperwork is addressed at). We filed for AOS in June, and our case is still waiting for an interview to be scheduled.

 

I guess my questions are as follows:

 

1. Is there a way I am able to stay in the states and get GC without my husband having to "bend the truth"?

2. If we file for divorce now, where do I stand?

3. Basically, what the hell can I do?

 

Any help appreciated. I have seen a lot about the waiver, but I understand this is only if you have your conditiona GC and a divorce decree.

[aleful 1,905]

hi

 

nothing, you accepted the fact that if it didn't work, you have to return to your country

 

he can withdraw the petition and the i864 before the interview, there is nothing you can do, you can't even remarry and adjust status through another usc spouse because you came on a k1, you can only get a GC through your husband

 

if you'd stay you will be illegally here and deportable, so the best thing you can do is divorce and return to your country

 

 

[Emmylou151 44]

1 hour ago, aleful said:

hi

 

nothing, you accepted the fact that if it didn't work, you have to return to your country

 

he can withdraw the petition and the i864 before the interview, there is nothing you can do, you can't even remarry and adjust status through another usc spouse because you came on a k1, you can only get a GC through your husband

 

if you'd stay you will be illegally here and deportable, so the best thing you can do is divorce and return to your country

 

 

Would it be illegal to hold off filing for divorce until I get GC?

[NigeriaorBust 4,087]

 You would go to the interview and be stating under oath that you are in a viable marriage  That is a good way to get banned for life

[martin bk 19]

7 hours ago, Emmylou151 said:

First of all, immigration is tough!

My husband (the USC) and I have decided that we are no longer willing to make our marriage work. I came here on a K1 Visa, and we married in February 2016.

I am now in Arizona, my USC husband is in Ohio (also where our paperwork is addressed at). We filed for AOS in June, and our case is still waiting for an interview to be scheduled.

 

I guess my questions are as follows:

 

1. Is there a way I am able to stay in the states and get GC without my husband having to "bend the truth"?

2. If we file for divorce now, where do I stand?

3. Basically, what the hell can I do?

 

Any help appreciated. I have seen a lot about the waiver, but I understand this is only if you have your conditiona GC and a divorce decree.

As far as I know (I think others on this site have written about it) you can apply for your GC without your husband, I believe you can get a waiver for this but you would have to show that you entered the marriage in good faith, and not in fact a marriage to gain entry. I think you can find more information on the USCIS website about AOS and GC.

Sorry to hear your marriage failed. But I would not  lie to anyone about your marriage whilst trying to adjust or apply, this would result in a lifetime ban.

 

[aleful 1,905]

50 minutes ago, martin bk said:

As far as I know (I think others on this site have written about it) you can apply for your GC without your husband, I believe you can get a waiver for this but you would have to show that you entered the marriage in good faith, and not in fact a marriage to gain entry. I think you can find more information on the USCIS website about AOS and GC.

Sorry to hear your marriage failed. But I would not  lie to anyone about your marriage whilst trying to adjust or apply, this would result in a lifetime ban.

 

hi

 

that is when there is a GC and removing of conditions, a person can remove conditions without the petitioner

 

but in this case, she doesn't even have a GC, they haven't had the interview yet

[aleful 1,905]

6 hours ago, Emmylou151 said:

Would it be illegal to hold off filing for divorce until I get GC?

 

not only would you be lying, you aren't a couple anymore, you don't live under the same roof, as you said you live in another state

 

 

[martin bk 19]

20 minutes ago, aleful said:

hi

 

that is when there is a GC and removing of conditions, a person can remove conditions without the petitioner

 

but in this case, she doesn't even have a GC, they haven't had the interview yet

Sorry I am making assumptions since she has been married nearly a year, id assumed the original AOS to conditional green card would have been filed after the marriage in 2016, it was my understanding that the K1 gives you a right to go the states and marry but not to live for a year without changing status; and that she was talking about removing the conditions on her green card, since she is living in another state and supporting herself, legally I hope. I guess more information is needed, before we can direct her to the information that will help.

Edited January 31, 2017 by martin bk
him /her

[Kastrs 723]

5 hours ago, martin bk said:

Sorry I am making assumptions since she has been married nearly a year, id assumed the original AOS to conditional green card would have been filed after the marriage in 2016, it was my understanding that the K1 gives you a right to go the states and marry but not to live for a year without changing status; and that she was talking about removing the conditions on her green card, since she is living in another state and supporting herself, legally I hope. I guess more information is needed, before we can direct her to the information that will help.

No further information is required

The OP came on a K1, married, filed to adjust status (AoS) and has not yet received the GC

 

She is no longer living in a marital union and is no longer eligible for AoS

 

Removal of conditions, RoC, happens about 2 years after the initial GC is issued (for both CR applications and those who adjusted from a K1 generally)

[NikLR 13,220]

Actually even if they divorce she can AOS as long as he doesnt want to pull the i-864.  

[Hopeful diva 99]

15 hours ago, Emmylou151 said:

First of all, immigration is tough!

My husband (the USC) and I have decided that we are no longer willing to make our marriage work. I came here on a K1 Visa, and we married in February 2016.

I am now in Arizona, my USC husband is in Ohio (also where our paperwork is addressed at). We filed for AOS in June, and our case is still waiting for an interview to be scheduled.

 

I guess my questions are as follows:

 

1. Is there a way I am able to stay in the states and get GC without my husband having to "bend the truth"?

2. If we file for divorce now, where do I stand?

3. Basically, what the hell can I do?

 

Any help appreciated. I have seen a lot about the waiver, but I understand this is only if you have your conditiona GC and a divorce decree.

Don't mean to pry into your personal business but what led to the dissolution of your marriage? Was violence involved? Did he ever physically assault you? If yes and you have evidence to support that, you can file a violence against women (vawa) petition-form i360, that would give you full jurisdiction over your pending i485, that way if approved u can get ur GC and subsequently your citizenship. I'll advice u to be honest about it as you do so, immigration will know if u are not truthful. Other than through vawa, there's no other way that you qualify for a GC. You would essentially have to just move on and go back to your country like someone advised. 

[Hopeful diva 99]

43 minutes ago, NikLR said:

Actually even if they divorce she can AOS as long as he doesnt want to pull the i-864.  

She can't go through AOS because so far as its a family based application, her spouse MUST be present for the AOS interview. She will be denied if he's not there and could be placed under investigation for suspicion of fraudulent marriage 

Edited January 31, 2017 by Hopeful diva

[Villanelle 4,121]

19 minutes ago, Hopeful diva said:

She can't go through AOS because so far as its a family based application, her spouse MUST be present for the AOS interview. She will be denied if he's not there and could be placed under investigation for suspicion of fraudulent marriage 

This is not true.

 

There actually is another thread currently having discussions in the Effects sub-forum about the same topic. If the husband is still willing to honor his 864 (not withdraw it) then she can be processed.

 

[Hopeful diva 99]

3 minutes ago, Damara said:

This is not true.

 

There actually is another thread currently having discussions in the Effects sub-forum about the same topic. If the husband is still willing to honor his 864 (not withdraw it) then she can be processed.

 

Never heard of such. Where is it written on the USCIS website? 

[anderson220 2]

7 minutes ago, Damara said:

This is not true.

 

There actually is another thread currently having discussions in the Effects sub-forum about the same topic. If the husband is still willing to honor his 864 (not withdraw it) then she can be processed.

 

I agree