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Mike2234

Wife cheated on me while AOS.(merged)

By Mike2234 in Effects of Major Family Changes on Immigration Benefits

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Mike2234 Rookie

Mike2234   0

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Hi all,

I am a foreign citizen who came to the US on k1 visa and married with US citizen while 90 days. We applied for AOS in September 2018, it is still pending. I already got EAD and AP, I am working now.
I found out that my wife is cheating on me with her coworker - info is 100%. So, the question is...what do I do in this case? If I tell her that I want to divorce right now...then do I need to leave country because AOS was not approved yet, correct or not? Please let me know all info and details about options I have in my situation. Thank you!

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C90 Rising Star

C90   376

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Filed: AOS (apr) Country: Netherlands
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4 hours ago, Mike2234 said:

Hi all,

I am a foreign citizen who came to the US on k1 visa and married with US citizen while 90 days. We applied for AOS in September 2018, it is still pending. I already got EAD and AP, I am working now.
I found out that my wife is cheating on me with her coworker - info is 100%. So, the question is...what do I do in this case? If I tell her that I want to divorce right now...then do I need to leave country because AOS was not approved yet, correct or not? Please let me know all info and details about options I have in my situation. Thank you!

I'm sorry to hear this. Unlike the divorce waiver you can get for ROC, I don't think there's something like that for AOS. If you end up divorcing the USC before your Green Card interview, you do not meet the requirement of family based AOS anymore and you will probably be denied at your interview. If I'm wrong, anyone feel free to correct me please!


If you and your wife can and are willing to work things out, you could always try that first. In the end its not worth it to stay married just for the Green Card because a) your wife HAS to be present at the interview (it might be waived if you have a darn good reason, but having marital problems is not one of them) and b) if you stay together just for the Green Card this might be considered fraud and could make things worse. USCIS is very good at finding these things out.

So in the end its completely up to you guys. If there's any chance you can work on your marriage and live happily ever after, go for it! If it's just not gonna work you have some stuff to think about. Good luck with everything, I wish you the best. 

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Mike2234 Rookie

Mike2234   0

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Hi all,

I am a foreign citizen who came to the US on k1 visa and married with US citizen while 90 days. We applied for AOS in September 2018, it is still pending. I already got EAD and AP, I am working now.
I found out that my wife is cheating on me with her coworker - info is 100%. So, the question is...what do I do in this case? If I tell her that I want to divorce right now...then do I need to leave country because AOS was not approved yet, correct or not? Please let me know all info and details about options I have in my situation. Thank you!

 
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Roel Experienced

Roel   7,191

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Filed: Lift. Cond. (apr) Country: Poland
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There is no option for you to remain legal in the US. You can only complete your AOS with your primary sponsor (your wife).

There is no other option.

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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I think you can divorce after the AOS but not before.  But then that brings up the whole "Is this a bonafide" marriage. I don't think you married to get the green card but you are staying around to get it?

 

If you want to stay I think you have a chance.  Do you think she wants to reconcile?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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~~moved from AOS progress reports to effects of major family changes with other like topics~~

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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C90 Rising Star

C90   376

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Filed: AOS (apr) Country: Netherlands
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You already asked this question a few days ago and you already got the answer. Why ask twice? No, if you divorce before AOS you have to leave the country. If you divorce right after AOS you could raise some serious red flags doing your ROC. Is there any chance to work it out with her? Then go for it. If not, then you have some stuff to think about.

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NikLR Grand Master

NikLR   13,220

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Filed: Lift. Cond. (apr) Country: Canada
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10 minutes ago, C90 said:

You already asked this question a few days ago and you already got the answer. Why ask twice? 

Next time please just report the duplicate post.  Thanks

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • Ontarkie changed the title to Wife cheated on me while AOS.(merged)
Ontarkie Grand Master

Ontarkie   13,915

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Filed: Citizen (apr) Country: Canada
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~~Duplicate threads merged. Please do not start more than one thread for the same topic.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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