Split/divorce while AOS pending

[Jess&Rob 9]

My husband and I, unfortunately, are having martial issues. My AOS is still pending, I’m still waiting for a bio appointment (been waiting over 8 months now). My question is, If it comes down to us separating/divorcing Do I have to return to Canada immediately and my application is denied? Is there anyway I would still have a chance at the green card.  I have built a life here and love it here. Any info would be greatly appreciated.  Thanks so much!

[mushroomspore 3,043]

7 minutes ago, Jess&Rob said:

My husband and I, unfortunately, are having martial issues. My AOS is still pending, I’m still waiting for a bio appointment (been waiting over 8 months now). My question is, If it comes down to us separating/divorcing Do I have to return to Canada immediately and my application is denied? Is there anyway I would still have a chance at the green card.  I have built a life here and love it here. Any info would be greatly appreciated.  Thanks so much!

Unfortunately, your AOS application is on the basis of being married to a US citizen. If that marriage no longer exists, you are ineligible to receive immigration benefits and status as a permanent resident. You would have to formally withdraw your application by sending a letter to USCIS and then depart the US. If you do nothing and then are denied (because you don't show up to the interview or you show up to the interview alone), this will most likely negatively affect your ability to enter the US as a tourist for a while. Is there absolutely no hope for your marriage? Have you guys tried marriage counseling or anything like that to salvage the relationship?

[Paul Hanaki 67]

As long as you are still married then your AOS is pending and you don't need to return. AOS is based on a legitimate marriage not that your marriage will last forever. So if you didn't marry for immigration purpose then you can continue your AOS process. Maybe you will get your green card before you get divorced. Your spouse will need to attend the immigration interview though. Don't lie about how your marriage is going.  If you have not been approved before your divorce then you are out of luck as you must be married even if it is a marriage on fritz.  

[Jess&Rob 9]

On 5/11/2021 at 4:45 PM, mushroomspore said:

Unfortunately, your AOS application is on the basis of being married to a US citizen. If that marriage no longer exists, you are ineligible to receive immigration benefits and status as a permanent resident. You would have to formally withdraw your application by sending a letter to USCIS and then depart the US. If you do nothing and then are denied (because you don't show up to the interview or you show up to the interview alone), this will most likely negatively affect your ability to enter the US as a tourist for a while. Is there absolutely no hope for your marriage? Have you guys tried marriage counseling or anything like that to salvage the relationship?

Thanks so much!  Yes we are going to work on it. I was just curious if it did come down to that. I appreciate the info!