I was told that if our marriage ends before AOS approval

[AInfante-Saraireh 0]

Now please don't jump to conclusions here. I just want to verify some information I heard from legal source regarding a marriage ending before Green card issued. If AOS is pending FBI name check or other investigation, if the marriage ends, what happens to the green card once finished investigating. Still the I130 is not approved.

[*Maureen* 0]

I'm no expert here Andrea, but I think it might be a little more complicated due to the circumstances. The AOS interview went fine and cuz of the I130 in name check it seems that once the I130 gets approved that the husband would automatically get his greencard since the AOS part of it went fine. If there was no AOS interview yet and the marriage terminated before the interview, i think that would cause a "no green card". This is only my opinion, I'm trying to think what would make sense.

Since we had our AOS interview and the immigration officer said that he could have approved us right on the spot but due to the pending I130 he couldnt. If that I130 would have been approved, we could have been done with this. So Im assuming whenever that I130 clears that my husband will receive his welcome letter along with his green card. I think we are done with the AOS process but still in the I130 process. Again, this is only my opinion. I am still learning in this process.

Hopefully, somebody here can share some knowledge who had their AOS interview but were still in the I130 process. What do we expect after the I130 approval??? Are we done or still more to come?

Now please don't jump to conclusions here. I just want to verify some information I heard from legal source regarding a marriage ending before Green card issued. If AOS is pending FBI name check or other investigation, if the marriage ends, what happens to the green card once finished investigating. Still the I130 is not approved.

Edited September 27, 2007 by 77Maureen

[AInfante-Saraireh 0]

Thanks Maureen.

[~Jackie~ 30]

Unless an RFE pops up on the I130, the card will come.

Jackie

[LaL 418]

I am not 100%, but for discussion sake, since it is not fully adjudicated, it may be possible to withdraw the I-864 or since you are the petitioner for the I-130, might be able to withdraw that as well.

I am not well versed in this, so please correct me if I am wrong, however I wanted to question this aspect.

Edited September 27, 2007 by LaL

[John & Annie 0]

I am not 100%, but for discussion sake, since it is not fully adjudicated, it may be possible to withdraw the I-864 or since you are the petitioner for the I-130, might be able to withdraw that as well.

I am not well versed in this, so please correct me if I am wrong, however I wanted to question this aspect.

Correct, if the I-864 is withdrawn prior to adjudication, the AOS application is no longer valid and will be denied.

[pushbrk 12,154]

I am not 100%, but for discussion sake, since it is not fully adjudicated, it may be possible to withdraw the I-864 or since you are the petitioner for the I-130, might be able to withdraw that as well.

I am not well versed in this, so please correct me if I am wrong, however I wanted to question this aspect.

Correct, if the I-864 is withdrawn prior to adjudication, the AOS application is no longer valid and will be denied.

The petitioner can definitely withdraw the I-130 petition and there will be no green card. Withdrawing the I-864 is definitely allowed before the interview and I don't know why it wouldn't also be possible to do so if card production hasn't been ordered because the I-130 is still pending.

I have no idea whether the OP wants their spouse to have the green card or not. If you want your spouse to have the green card, don't withdraw anything.