Possible divorce, AP not approved yet

[Iris M 105]

Hi there, 

 

My husband and I married in March, and we filed for AOS, EAD/AP at the beginning of April. Turns out, marriage isn't going the way we wanted it to, and he refuses to seek any help (ie. Couples therapy, marriage counseling) to possibly workout our issues. 

 

If he files for a divorce before my AP is approved (as the wait is getting longer by other ppls accounts), how long do I have before i am required to move back to Canada, and do I run the risk of not being allowed back into the US if we are divorced and no longer seeking permanent residency? 

 

Any help would be appreciated.

[Richardson 92]

17 minutes ago, Jr, Iris & Jay said:

Hi there, 

 

My husband and I married in March, and we filed for AOS, EAD/AP at the beginning of April. Turns out, marriage isn't going the way we wanted it to, and he refuses to seek any help (ie. Couples therapy, marriage counseling) to possibly workout our issues. 

 

If he files for a divorce before my AP is approved (as the wait is getting longer by other ppls accounts), how long do I have before i am required to move back to Canada, and do I run the risk of not being allowed back into the US if we are divorced and no longer seeking permanent residency? 

 

Any help would be appreciated.

First of all i'm very sorry to hear that about your situation. I pray and hope everything turn out for the better.

Depend on what the circumstances are between ya'll. you may still qualify for an AOS. if he is the doing who are doing the wrongs. and you have proved of what his doing. I'm not sure if you filled AOS base on a K1. if it is. remember they gave you an envelope a Congratulation paper on your visa approval at the embassy right after your interview that a has INSTRUCTION OF WHAT TO DO if you being mistreated physically, emotionally verbally........ etc by your usc petitioner spouse. with all the details of what to do if you happened to be mistreating by your spouse. therefore base on what the situation are; you may still be able to continues with the adjustment of status without him. the AOS will take longer but it will happen. i don't know if you still have the paper. if you do you should look at it and read the instruction to see if you can get the help you need.

[geowrian 22,337]

If you get divorced, your AOS application will be denied as it is based on that marriage. There technically is an exception (see Matter of Sesay), but it requires him to be cooperative by continuing to provide an I-864 to support you, and is otherwise a very uphill battle.

How long it takes depends on why exactly it happens...if he pulls the I-864, then they will deny shortly afterwards. Otherwise, it would likely be denied when you either skip the interview or attend it without him (or attend it and tell them about a pending or completed divorce). You are not required to inform USCIS of your change in marital status beforehand, but that's only buying you a little time before the inevitable result.

 

I don't see how VAWA would apply here...it just sounds like a failed marriage. It happens. Sorry that it's not working out, and I highly encourage you to continue to try to work things out, but there's nothing suggestive of abuse here.

 

Assuming you filed for AOS within the 90 days of entry on the K-1, you won't have any overstay. You are free to seek entry as a visitor, although a recently filed AOS application usually means they will assume immigrant intent and likely deny entry (at least for the near future).

Edited June 12, 2018 by geowrian

[Iris M 105]

31 minutes ago, geowrian said:

If you get divorced, your AOS application will be denied as it is based on that marriage. There technically is an exception (see Matter of Sesay), but it requires him to be cooperative by continuing to provide an I-864 to support you, and is otherwise a very uphill battle.

How long it takes depends on why exactly it happens...if he pulls the I-864, then they will deny shortly afterwards. Otherwise, it would likely be denied when you either skip the interview or attend it without him (or attend it and tell them about a pending or completed divorce). You are not required to inform USCIS of your change in marital status beforehand, but that's only buying you a little time before the inevitable result.

 

I don't see how VAWA would apply here...it just sounds like a failed marriage. It happens. Sorry that it's not working out, and I highly encourage you to continue to try to work things out, but there's nothing suggestive of abuse here.

 

Assuming you filed for AOS within the 90 days of entry on the K-1, you won't have any overstay. You are free to seek entry as a visitor, although a recently filed AOS application usually means they will assume immigrant intent and likely deny entry (at least for the near future).

Thank you for your reply @geowrian. My husband probably does not know the repercussions of filing for divorce, aside from the dissolution of the marriage, so these options will require some patience and some serious thought.

 

I am definitely open to counseling to hopefully resolve the issues at hand. 

 

Thank you! 

[geowrian 22,337]

Just now, Jr, Iris & Jay said:

Thank you for your reply @geowrian. My husband probably does not know the repercussions of filing for divorce, aside from the dissolution of the marriage, so these options will require some patience and some serious thought.

 

I am definitely open to counseling to hopefully resolve the issues at hand. 

 

Thank you! 

I wish you (and your husband) best of luck in whatever path you end up taking.

[Ontarkie 14,280]

~~Moved to Effects of Major Family Changes, from AOS Family - As similar threads are discussed here.~~

[Jojo92122 1,924]

2 hours ago, Jr, Iris & Jay said:

Hi there, 

 

My husband and I married in March, and we filed for AOS, EAD/AP at the beginning of April. Turns out, marriage isn't going the way we wanted it to, and he refuses to seek any help (ie. Couples therapy, marriage counseling) to possibly workout our issues. 

 

If he files for a divorce before my AP is approved (as the wait is getting longer by other ppls accounts), how long do I have before i am required to move back to Canada, and do I run the risk of not being allowed back into the US if we are divorced and no longer seeking permanent residency? 

 

Any help would be appreciated.

With a divorce, AOS is dead.  AP would be worthless without a marriage to a US.

 

Since you filed for AOS, you have shown immigrant intent.  This will make it harder for you to enter the US in the future.

 

How long have you been in the US?  If you have been here longer than 6 months, you have overstayed.  With a cancelled AOS, your overstay will count against you.

[Iris M 105]

2 minutes ago, Jojo92122 said:

With a divorce, AOS is dead.  AP would be worthless without a marriage to a US.

 

Since you filed for AOS, you have shown immigrant intent.  This will make it harder for you to enter the US in the future.

 

How long have you been in the US?  If you have been here longer than 6 months, you have overstayed.  With a cancelled AOS, your overstay will count against you.

I came with a K-1 visa in early January, and married within the 90 days. Filed AOS a month later, all within the validity of I-94.

[Jojo92122 1,924]

8 minutes ago, Jr, Iris & Jay said:

I came with a K-1 visa in early January, and married within the 90 days. Filed AOS a month later, all within the validity of I-94.

With an abandoned AOS, you will have overstayed your I-94 and this will create problems for you in the future with entry into the US.

 

With a divorce, AP is worthless.

[Iris M 105]

1 minute ago, Jojo92122 said:

With an abandoned AOS, you will have overstayed your I-94 and this will create problems for you in the future with entry into the US.

 

With a divorce, AP is worthless.

I see what you're saying. I misunderstood, as I thought you possibly thought that I am a CR-1 filer. 

 

OK, well, I am hoping for the best, but I am looking at the options to limit my chances of being denied entry back into the states as I do have a lot of family here, including my Grandma. God forbid something happens to her and I am not allowed to come back bc of my marriage status. 

 

But I guess there are very little options.

 

Thanks for your reply. 

[Orangesapples 1,954]

8 hours ago, Jojo92122 said:

With an abandoned AOS, you will have overstayed your I-94 and this will create problems for you in the future with entry into the US.

 

Not true, she hasn't overstayed anything. 

[Jojo92122 1,924]

34 minutes ago, Orangesapples said:

Not true, she hasn't overstayed anything. 

Her 90 days as a fiancee ended in April. 

 

While she hasn't overstayed yet because of the pending AOS, she will have overstayed her I-94 if they file for divorce and do not complete AOS.   That is the point that I am trying to make.  Not completing AOS has consequences for people who stay past their I-94s.

[Orangesapples 1,954]

7 minutes ago, Jojo92122 said:

Her 90 days as a fiancee ended in April. 

 

While she hasn't overstayed yet because of the pending AOS, she will have overstayed her I-94 if they file for divorce and do not complete AOS.   That is the point that I am trying to make.  Not completing AOS has consequences for people who stay past their I-94s.

No, it doesn't count as an overstay even if she doesn't complete AOS

[Pee&Eee 70]

19 hours ago, Jr, Iris & Jay said:

Hi there, 

 

My husband and I married in March, and we filed for AOS, EAD/AP at the beginning of April. Turns out, marriage isn't going the way we wanted it to, and he refuses to seek any help (ie. Couples therapy, marriage counseling) to possibly workout our issues. 

 

If he files for a divorce before my AP is approved (as the wait is getting longer by other ppls accounts), how long do I have before i am required to move back to Canada, and do I run the risk of not being allowed back into the US if we are divorced and no longer seeking permanent residency? 

 

Any help would be appreciated.

I am really sorry about this! I will keep you all in my prayers. I hope and pray you both can work this out. Stay strong!

[Boiler 45,670]

After the 90 days and before adjustment you are under the colour of law, you do not have a status as such, when you do not adjust then there could be issues.