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Results 1 to 7 of 7

Thread: QUESTION

  1. #1
    Scenario : person enters the US leagally on F-1 visa and remians legal the entre period int he country. Marries US citizen, files AOS, receives AP and EAD card but is awaiting interview. Now, hes having problem with the wife and she wants to file for divorce.

    Question: Outside having to convince the wife to hold on with the divorce and go pretend everything is all good at the interview, what are his other options of still remaining legal after the divorce is filed? And if he chooses to go through with the divorce and just leave the country on his own, does he still face any ban for any reason?

  2. #2
    Scenario : person enters the US leagally on F-1 visa and remians legal the entre period int he country. Marries US citizen, files AOS, receives AP and EAD card but is awaiting interview. Now, hes having problem with the wife and she wants to file for divorce.

    Question: Outside having to convince the wife to hold on with the divorce and go pretend everything is all good at the interview, what are his other options of still remaining legal after the divorce is filed? And if he chooses to go through with the divorce and just leave the country on his own, does he still face any ban for any reason?

  3. #3
    If the marriage was entered in to in good faith, you should not have a problem proving a valid marriage.
    ********************************************
    I am not a lawyer! I don't give legal advice! I just state my opinion!

  4. #4
    So are you saying you can go ahead with the interview without wife? while the marriage is under divorce proceedings? (because its looking like the interview date will be closer than the divorce goes through) and he can still get approved as long as he can show the marriage was entered in good faith?

    Because marriage was entered in good faith and there's more than enough documentation to prove this. And this is not even a person forced into this situation because he had not options. He has offer letters with different companies ready to file for H-1 but rather chose to adjust with the wife instead.

  5. #5
    If its the marriage interview,the WIFE has to be present.If not the Interview is void and calceled and will not be proceed,if he shows up alone.

    So and if the divorce has been filed but not divorce yet.Immigration WILL find out about it,one way or the other.

    Regardless if a person has been here with a f1 visa,or a visitor visa or even the "real" way,with a fiance visa. If the wife is not present or even refuses to go to the interview where the US citizens present is the ONLY major key,the interview will be void.PERIOD!!!

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ABCDE:
    So are you saying you can go ahead with the interview without wife? while the marriage is under divorce proceedings? (because its looking like the interview date will be closer than the divorce goes through) and he can still get approved as long as he can show the marriage was entered in good faith?

    Because marriage was entered in good faith and there's more than enough documentation to prove this. And this is not even a person forced into this situation because he had not options. He has offer letters with different companies ready to file for H-1 but rather chose to adjust with the wife instead. </div></BLOCKQUOTE>

    Lovethyneighbor seems confused with that remark.

    No you cannot go to the interview without the petitioner. Denial. This interview is for the conditional green card. The marriage is supposed to make the hurdle of 2 years after getting the conditinal green card so that alien can get permanent residency.

    Yikes, divorce was filed before even getting an interview. Petitioner should have or probably already withdrew the petitions, and notified uscis.

    He should now pursue employment based adjustment again. seek a lawyer as it may get a little sticky.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">

    Yikes, divorce was filed before even getting an interview. Petitioner should have or probably already withdrew the petitions, and notified uscis.

    He should now pursue employment based adjustment again. seek a lawyer as it may get a little sticky. </div></BLOCKQUOTE>

    Just curious, if the USC spouse already withdrew the petition, will that immigrant spouse also be notified by the USCIS or it's up to the immigrant to find out for himself?
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

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