Getting a divorce during process

[gabud44 0]

I’m currently on the process for adjustment of status from getting married to a US citizen. 

I’m have the work and travel permit waiting for an interview. 

My marriage is not going good and got to a point that might end in a divorce... does anyone know if I still have the rights for a GC once the the marriage was in good faith and didn’t work out? Or do I need to have at least the temporary GC (the 2 year one)? I’ve already look for this kind of information but didn’t find it

Thanks 

[geowrian 22,337]

If your marriage is terminated then you don't have a basis to complete AOS and get the green card for that marriage.

If the marriage isn't legally terminated but the petitioner is uncooperative, doesn't show, etc., then expect the AOS application to be denied.

The petitioner can withdraw the I-864 they filed at any time prior to AOS being approved, which will result in AOS being denied.

 

If the marriage is terminated after AOS is approved, then your permanent residency exists beyond the duration of the marriage. If the marriage is under 2 years at the time AOS is approved, then you need to go through ROC before that card expires (2 years after issued). For ROC, you have to show that the marriage was entered into in good faith.

A marriage that terminates (or at least divorce is filed and it is eventually terminated) very shortly after getting a green card will likely raise a lot of scrutiny at the time of ROC.

Edited May 17, 2018 by geowrian

[Roel 7,192]

IF you divorce before your AOS is complete then it's going to be time to go back home. You won't be eligible for a green card and you can only get legal in the US though your first petitioner. 

 

If you divorce just after AOS is done then you'll have a hard time with ROC.  

[Unlockable 7,315]

You are adjusting status based on a marriage to a US citizen. If that marriage has ended or if you are going through a divorce then you will not be approved for the AOS.

 

AOS usually has an interview with the spouses to check the legitimacy of the marriage. If only you show up and explain that the marriage isn't working out then you will be denied.