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Underwent divorce while AOS .questions , please help.

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  • #16
    Marmaduke,

    I thought you were only subject to the 3 year bar if you overstayed more than 180 days.

    Sappy,

    I am just going on experience. I don't have a precedent to cite maybe someone else does? Calling Houston!

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    • #17
      The USCIS officer told me that my ex-husband's AOS case would be denied due to divorce; he entered the country on a fiance visa and we filed for divorce just shy of six months after marriage. Regardless of this, he is STILL here, living only a few minutes away from me. It seems that once you get into the country you can stay as long as you want and USCIS or ICE won't do anything about it.

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      • #18
        My understanding is that physical separation of the parties (as in living apart) at the time of an AOS interview cannot automatically result in a denial but can trigger queries into the legitimacy of the marriage.

        However, a finalized divorce or legal separation does.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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        • #19
          Is it possible that his AOS might not yet have been adjudicated? Many people are issued removal orders but fail to honor them. He may also be operating under the premise that he can marry and adjust through another USC petitioner. He'll soon find out that as a K1 he's statutorily prohibited.

          Generally, it's only a matter of time before it catches up with them.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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          • #20
            Onamika

            Sappy is right, about the finalized divorce. I made an error in when I said the AOS can still be approved after a finalized divorce. I meant that the conditional PR can be changed after a divorce.

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