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Divorce before AOS interview

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  • Divorce before AOS interview

    Hello everyone, I came to the US with a Tourist VISA and overstayed in the US *I'm not sure if this is called being out of status*. Here I met my wife and we got married. It is almost a year since we got married and things aren't going great anymore and we both want to divorce, I haven't received my EAD or SSN yet and our interview is in a few months. My question is, what is going to happen once I get divorced from my wife? Will I get back to my original status, I appreciate any help I can get.

  • #2
    Hello everyone, I came to the US with a Tourist VISA and overstayed in the US *I'm not sure if this is called being out of status*. Here I met my wife and we got married. It is almost a year since we got married and things aren't going great anymore and we both want to divorce, I haven't received my EAD or SSN yet and our interview is in a few months. My question is, what is going to happen once I get divorced from my wife? Will I get back to my original status, I appreciate any help I can get.

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    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by nunez1989:
      Hello everyone, I came to the US with a Tourist VISA and overstayed in the US *I'm not sure if this is called being out of status*. Here I met my wife and we got married. It is almost a year since we got married and things aren't going great anymore and we both want to divorce, I haven't received my EAD or SSN yet and our interview is in a few months. My question is, what is going to happen once I get divorced from my wife? Will I get back to my original status, I appreciate any help I can get. </div></BLOCKQUOTE>



      Hello Nunez

      Welcome to the forum.

      Your overstay makes you out of status aka illegal. Your marriage to usc has not given you any status other than pending adj of status. No interview will equal out of status aka illegal and you will be placed into removal proceedings to go back to your country.

      Whatever problems you are having, I suggest you get counseling for and work them out to get that interview to get the conditional greencard. then I suggest you work even harder during the conditional period to file the 751 petition to be able to remove conditions to get a permanent card. the 10 yrs one. After that, if your problems do not get better, then both of you do what you have to do.

      Good luck.

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      • #4
        Thank you 4now. How long until I can file to remove conditions and what does that do? This is the second time my wife and I have had an argument and both wanted to divorce, *money problems*, probably something we'll get through, again.

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        • #5
          You will be arrested by ICE at your adjustment interview. Good riddance.

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