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Results 1 to 6 of 6

Thread: Divorce before AOS interview

  1. #1
    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. #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.

  3. #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.

  4. #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.

  5. #5
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    What "original status" you are talking about? You had no status prior to getting married because you have overstayed. Thus, you will be back to being an illegal.

    Whether you guys get divorced or not, your pending AOS would get denied if your wife refuses to sponsor you anymore or doesn't go with you to the interview.

    You didn't get approved even for conditional status yet, so I-751 is out of question as of now. Obtaining a legal status thru a marriage with US citizen is a 3 yrs deal...and it's kinda b u m py road if marriage fails before removing the condition on temporary status. So think hard before you decide anything, but it's always better to work things out in the marriage for the sake of the marriage and not for the immigration status alone.

    Good luck...


    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by nunez1989:
    Will I get back to my original status, I appreciate any help I can get. </div></BLOCKQUOTE>

  6. #6
    You will be arrested by ICE at your adjustment interview. Good riddance.

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