ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 18

Thread: divorce while AOS pending

  1. #1
    I am writing to ask a quick question about my situation in this country...I wonder if you could give me a few pieces of information...It woudl grateful for future reference if I decide I want to change things...

    I moved here four and a half years ago to get married to my american boyfriend..we did this in Atlanta GA and then filed the correct paperwork to apply for adjustment of status for permanent residency here..WE also have a little girl whos three who was born here..

    I was granted permission to work last year in March 2003 being given the employment card in MAY 2003...it has recently expired and I havent renewed because I am not working...I have also been given a SSN and a learners permit to drive.. My appilcation for adjustment of status (green card) is still pending.......I have not left the country sicne arriving in Jan 2000

    recently I have been having trouble with my marriage and I dont know if it is going to work out for me, but I really wanted to know if there was some way I could stay here without being married??? or if there is no way??......or do I have to wait for a green card to be given.?? Also I would like information regarding my daughter and her rights in England......If I could not stay here then I would need to know that she would be allowed to come with me back to England...

    There is verbal abuse in my marriage and I wanted to know any information I could be given about my rights here and what I could do if something bad happens..I think I know that I just cannot up and leave the country with my daughter....but there must be some kind of support out there.....thats a bit of back ground..

    my real question is this : ""how would a divorce affect the status of my pending application for permanent residency?"

    I would like to know if I did divorce whether or not I will be expected to leave or be able to stay, as I do not wnat to divorce if it means I am forced to elave the country and will have to leave my child here..Also it cant be considered fair if that is the case?

    well thanks for reading this I look forward to replies anxiously

  2. #2
    I am writing to ask a quick question about my situation in this country...I wonder if you could give me a few pieces of information...It woudl grateful for future reference if I decide I want to change things...

    I moved here four and a half years ago to get married to my american boyfriend..we did this in Atlanta GA and then filed the correct paperwork to apply for adjustment of status for permanent residency here..WE also have a little girl whos three who was born here..

    I was granted permission to work last year in March 2003 being given the employment card in MAY 2003...it has recently expired and I havent renewed because I am not working...I have also been given a SSN and a learners permit to drive.. My appilcation for adjustment of status (green card) is still pending.......I have not left the country sicne arriving in Jan 2000

    recently I have been having trouble with my marriage and I dont know if it is going to work out for me, but I really wanted to know if there was some way I could stay here without being married??? or if there is no way??......or do I have to wait for a green card to be given.?? Also I would like information regarding my daughter and her rights in England......If I could not stay here then I would need to know that she would be allowed to come with me back to England...

    There is verbal abuse in my marriage and I wanted to know any information I could be given about my rights here and what I could do if something bad happens..I think I know that I just cannot up and leave the country with my daughter....but there must be some kind of support out there.....thats a bit of back ground..

    my real question is this : ""how would a divorce affect the status of my pending application for permanent residency?"

    I would like to know if I did divorce whether or not I will be expected to leave or be able to stay, as I do not wnat to divorce if it means I am forced to elave the country and will have to leave my child here..Also it cant be considered fair if that is the case?

    well thanks for reading this I look forward to replies anxiously

  3. #3
    Michael
    Guest
    Sorry but you have to leave now. Thank you. Bye bye.

  4. #4
    If you are divorced before your AOS adjudication your petition for permanent residency will be dead.

    IF there is abuse, but not only verbal abuse, you might be able to self-petition yourself [see form I-360 VAWA] Under the VAWA [Violence Against Women Act] you could self-petition yourself for permanent residency however you must meet the burden of proof of providing that you have been abused...I would consult with a qualified immigration experience that has gotten I-360's approved before.

    Also try marriage counseling, your marriage should be more important now, specially now that you have a daughter...of only 3 years old.

  5. #5

  6. #6
    well thank you to Aguila for being honest!!!

    to the other two people..theres no need to be rude!

    thansk for taking the time to reply..this is what I thought it would be, so I will look into that with an immigration lawyer....

  7. #7
    OK next question.....IF i do get divorced and leave the country..what are the chances of taking my daughter with me? is it only through full custody that I will be allowed? I dont really mind going back to england BUT I will not divorce if it means leaving my daughter here...

  8. #8
    Evenstar

    How long have u been married? Im sure it is more than 2 yrs now. What date did you apply for your papers? How close are you to getting your interview?

    Try very hard to work on the marriage as probably your interview is not that far away. Once you get interview, and approved you will have 10yrs green card.... Then you can get a divorce with no issues about staying. In an ideal world it would be best if you get your citizenship.. this would make you equal to your spouse.

  9. #9
    Evening star,
    When did you get married and when did you have your first interview for adjustment of status if you already had it?

    The best thing to do now is to be patient until you have the green card in your hands. Not very far away from now, you will have the green card in your hands.

    About living to go to the UK with your child, no one will stop you, as long as there is no custody dispute pertaining to the child or and you are the custodial parent.

    I would strongly advice you to get citizenship before leaving this country because you never know whether you may want to return with your child for whatever reason one day in future, at which point you would have to wait for your child to turn 21 to apply for you the same green card you will be getting soon. Note that you can lose your green card if you are out of the US for over a certain period of time. But you cannot lose citizenship.

    So, please be a little patient as you work on the marriage and soon enough you will be in the clear.

  10. #10
    evenstar27,
    I know somebody who went through the same situation with the exception there were no children involved, unfortunately, once the INS received a letter from the USC spouse regarding the marital status they sent a letter to the applicant with a denial of his application and they stated that the decision was final.

    I guess the only option you have is to work on your marriage, at least until you get the conditional green card, if your spouse think about it, he will find that it is for his benefits that you and his child stay in the country, at least he will get the chance to see his child once in a while.

    Good Luck.

Similar Threads

  1. I751 Approved-Divorce Pending
    By KOOL_DUDE in forum Immigration Discussion
    Replies: 17
    Last Post: 05-01-2008, 09:48 PM
  2. Divorced(AOS still pending) & Now Remarried(filing new AOS?)
    By Byrd in forum Immigration Discussion
    Replies: 1
    Last Post: 09-22-2007, 02:43 AM
  3. Divorce while Adj. of Status pending
    By AJs in forum Immigration Discussion
    Replies: 2
    Last Post: 01-10-2005, 12:19 PM
  4. PLease help divorce and I-751 pending
    By spartan in forum Immigration Discussion
    Replies: 4
    Last Post: 08-25-2003, 02:28 PM
  5. Update on I-751 pending with Divorce before decision
    By Aguila in forum Immigration Discussion
    Replies: 1
    Last Post: 08-21-2003, 08:05 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: