Pending case but want to divorce

[Babyboyb 1]

Hello everyone , I’ve had my AOS interview in August 2017. The interview ( my first and only interview ) went pretty well even though we were separated. I Spent like 12 minutes and my wife spent 2-3 minutes . The IO only asked few basic questions and said he would need affidate of birth from like two people . 5 days later I got the RFE for the affidavit and I sent the response to them . Since then no update. I’ve made 2 service requests and they just gave the generic response ( they are still working on it ). 

Now my problem is , I’m having serious issues with my wife and we might be getting a divorce ( she’s the USC). We don’t live together anymore . We’ve been married 4 years . How will this affect my application and can I withdraw my application at this point ? Also should I contact my congressman to inquire about my case on my behalf .?

[aleful 1,905]

you shouldn't even have had an interview, you are no longer a bona fide marriage as you are separated

 

your wife should have canceled the petition. she is the one that can cancel the petition and withdraw the i864

 

 

[Going through 5,671]

At the time of your interview, did you inform the IO you were separated from your wife?

 

Your wife needs to contact USCIS and let them know she is withdrawing her petition.  You cannot.

[Babyboyb 1]

I meant separated during the interview ( like in stoke interview )

[Babyboyb 1]

3 hours ago, aleful said:

you shouldn't even have had an interview, you are no longer a bona fide marriage as you are separated

 

your wife should have canceled the petition. she is the one that can cancel the petition and withdraw the i864

 

 

We still live together . I meant the IO interviewed us separately. 

[aleful 1,905]

the officers are trained to see things, they don't usually separate the couple at the first interview

 

as stated your wife can withdraw the petition and cancel the i864

 

 

[Babyboyb 1]

4 minutes ago, aleful said:

the officers are trained to see things, they don't usually separate the couple at the first interview

 

as stated your wife can withdraw the petition and cancel the i864

 

 

Thank you for your response but they actually do separate couple during first interview. It’s not uncommon.  I will probably seek a legal advice from a lawyer . 

[Going through 5,671]

14 minutes ago, Babyboyb said:

Thank you for your response but they actually do separate couple during first interview. It’s not uncommon.  I will probably seek a legal advice from a lawyer . 

Normally couples are separated during the first interview when there is some level of suspicion off-the-bat after looking at the evidence/application information.

 

Legal counsel is always good in a situation like yours...however since you are still in the AOS stage, and separated leading to a divorce, you now have no legal basis to adjust status from (and subject to deportation at any time) so lawyer's advice may be to just return to your home country.

 

There are some instances where you might be eligible to self-petition to adjust status.  

Edited April 22, 2018 by Going through

[Babyboyb 1]

21 minutes ago, Going through said:

Normally couples are separated during the first interview when there is some level of suspicion off-the-bat after looking at the evidence/application information.

 

Legal counsel is always good in a situation like yours...however since you are still in the AOS stage, and separated leading to a divorce, you now have no legal basis to adjust status from (and subject to deportation at any time) so lawyer's advice may be to just return to your home country.

 

There are some instances where you might be eligible to self-petition to adjust status.  

Thank you for your advice. I’m just trying to weigh my options . Don’t want to stay in a marriage based on the fact that I have a pending AOS. It should be for love and all that is good  . But I don’t want to jeopardize my chances . 

[geowrian 22,337]

7 hours ago, Babyboyb said:

Thank you for your response but they actually do separate couple during first interview. It’s not uncommon.  I will probably seek a legal advice from a lawyer . 

It's not quite rare, but it's also not the norm. They only do so when they already suspect something, or at least have serious concerns.

 

I concur that you're at a point where good legal counsel is advised. There can be a path forward, but it's something best discussed with proper representation.

[Nikolet Kamenov 77]

Personally... My advice would be to get your green card... I mean you have been to an interview already and since you were married for longer than 2 years your green card wont be the conditional one. Once you get your 10 year green card you can get divorced. You can then apply for citizenship in 5 years based on GC status not marriage. 

 

[Going through 5,671]

3 hours ago, Nikolet Kamenov said:

Personally... My advice would be to get your green card... I mean you have been to an interview already and since you were married for longer than 2 years your green card wont be the conditional one. Once you get your 10 year green card you can get divorced. You can then apply for citizenship in 5 years based on GC status not marriage. 

 

A few issues arise with the OP following your advice:

 

1)  OP's case already has extra scrutiny due to red flags on the application.  They will be looking for any discrepancy now.

2)  Wife may have already pulled the affidavit of support, withdrawing the petition

3)  Part of the adjudication for the N400 is to determine that the initial GC was properly approved.  Whether filing the 3 or 5 year, all applicants are reviewed for this.   The IO will see the original date of the AOS interview, and then the original date of separation in the divorce decree.  Putting two and two together it is easy to determine that there was factual misrepresentation back in the AOS stage, resulting in the N400 denied for misrepresentation and then the GC status revoked altogether since it was never properly approved.

4)  OP will be walking a fine line of immigration fraud since they would be remaining in the marriage solely for immigration benefits.

[Nikolet Kamenov 77]

5 minutes ago, Going through said:

A few issues arise with the OP following your advice:

 

1)  OP's case already has extra scrutiny due to red flags on the application.  They will be looking for any discrepancy now.

2)  Wife may have already pulled the affidavit of support, withdrawing the petition

3)  Part of the adjudication for the N400 is to determine that the initial GC was properly approved.  Whether filing the 3 or 5 year, all applicants are reviewed for this.   The IO will see the original date of the AOS interview, and then the original date of separation in the divorce decree.  Putting two and two together it is easy to determine that there was factual misrepresentation back in the AOS stage, resulting in the N400 denied for misrepresentation and then the GC status revoked altogether since it was never properly approved.

4)  OP will be walking a fine line of immigration fraud since they would be remaining in the marriage solely for immigration benefits.

Okay.. i know people with fake marriages who divorced right after the 2 year mark and are now citizens of usa but okay.. at least 20 people

Edited April 23, 2018 by Nikolet Kamenov

[geowrian 22,337]

36 minutes ago, Nikolet Kamenov said:

Okay.. i know people with fake marriages who divorced right after the 2 year mark and are now citizens of usa but okay.. at least 20 people

Certainly possible...but not sure how that's relevant here. People do all sorts of illegal things without getting caught (yet), but that has no bearing on the advice to be presented here.

[Going through 5,671]

42 minutes ago, Nikolet Kamenov said:

Okay.. i know people with fake marriages who divorced right after the 2 year mark and are now citizens of usa but okay.. at least 20 people

Divorcing after the ROC is one thing----there is still legal basis to file after an AOS is approved, once the person proved they entered the marriage with bonafide intent (and filing with a divorce waiver).

OP hasn't even got an approved AOS yet, so now no legal basis to adjust from since the couple is separated and headed for a divorce....quite a difference in his case.  Facts easily found out by an IO, too, presumably.

 

At least 20 people you know personally have each flat-out admitted to you that they married just for a green card?  Weird they would all come out and each person just admit it openly like that.

Edited April 23, 2018 by Going through