■■ Broke up before interview, but went with it anyway. What to do now?

[obama4win]

Hi,

I just came back from the AOS interview last week. Problem is that I broke up with my husband before the interview due to personal reasons but decided to go with him anyways to get this over with. We got lucky on the AOS inteview as he got the 10 year green card confirmation letter a week later. The question is when is a good time to file for a divorce? We have been married for over 2 years already.

-Many Thanks

 

[MOM1211]

I would say file anytime, but someone correct me if I'm wrong, you went to the interview as a couple so he could get his card, but were not a couple anymore? If you let the IO think you're still a couple when you're not, That's fraud.

 

[obama4win]

Technically were still married, but we just lost feelings for each other and he already has his life settled here. I do still care about him and everything but i dont know maybe we are just in a time out phase. It's really hard to say in this situation, its in such a grey area. We still have alot of things that are together. I would feel terrible if he had to go back to his homeland, he would not survive there having not gone back for 7 years already. thanks for your help

 

[elcupacabras]

I would say file anytime, but someone correct me if I'm wrong, you went to the interview as a couple so he could get his card, but were not a couple anymore? That's fraud.

I agree....you misrepresented yourselves as being together when infact you were not (regardless of being technically married). Provided the marriage was entered into in good faith (and there was proof of that) then he could have attended the interview on his own and had a successful outcome.

Anyway, thats all water under the bridge now. You can file for divorce whenever you are ready. Just as the case with the AOS interview, provided the marriage was entered into in good faith, then he shouldnt have any problems removing the conditions of his greencard in 2 years. This stuff happens all the time and I can tell that you still really about what happens to your spouse.

Theres an excellent sub forum within visajourney.com that focuses specifically on divorce etc of a USC and a foreign spouse. For some reason the website is down, but if you go onto it the sub forum is called something along the lines of 'major changes in family circumstances'.

 

[LucyMO]

he could have attended the interview on his own and had a successful outcome.

right.... Are you sure he would have had successful outcome? I am absolutely sure that he would be denied, since the basis of the GC in this case is a marriage to a USC.

 

[Bahamas124]

Lucy are you now an Offical Uscis officer? the marriage is still valid in every state in the union,all the applicant has to do is prove that the marriage was entered into in good faith and not for immigration benifits.thats all he has to prove in order to be approve.

 

[PraetorianXI]

Lucy are you now an Offical Uscis officer? the marriage is still valid in every state in the union,all the applicant has to do is prove that the marriage was entered into in good faith and not for immigration benifits.thats all he has to prove in order to be approve.

That would be an I-751 interview... but if the AOS has not even been approved, I seriously doubt that by just showing up by yourself you will even be interviewed...

You have to PROVE the relationship is bona fide at the interview for AOS, that pretty much requires your USC spouse to be there.

 

[jupiter07]

That would be an I-751 interview... but if the AOS has not even been approved, I seriously doubt that by just showing up by yourself you will even be interviewed...

You have to PROVE the relationship is bona fide at the interview for AOS, that pretty much requires your USC spouse to be there.

The husband got a 10yr GC, still needs a 751 interview? Technically they are still married, just emotionally not.

 

[elcupacabras]

right.... Are you sure he would have had successful outcome? I am absolutely sure that he would be denied, since the basis of the GC in this case is a marriage to a USC.

I was assuming as he received a 10 year green card that the interview was for the removal of conditions. It was my error for referring to AOS in my post as I was just following suit from the OP- if it is the case where it was the removal of conditions that the OPs spouse had an interview for, then I stand by my first assumption that he could have had a successful outcome even if the marriage was no longer intact . If however it was for an initial 2 year conditional greencard, then I apologise (I tend to go off on a tangent sometimes without realising) as it is extremely difficult (if not nigh on impossible) to AOS if the marriage is not longer intact as that is what the conditional GC is based off. Sorry if I confused anyone.

 

[Jackolantern]

The husband got a 10yr GC, still needs a 751 interview? Technically they are still married, just emotionally not.

The OP said it was an AOS interview. If they were already married for 2 years or more by the time the interview happened, the AOS applicant would directly get a 10 year card.

 

[Jackolantern]

I do still care about him and everything but i dont know maybe we are just in a time out phase. It's really hard to say in this situation, its in such a grey area. We still have alot of things that are together.

Almost every marriage goes through a tough time at least once or twice. It doesn't seem like your marriage is 100% dead yet. Unless there was something really terrible like divorce or abuse, I would suggest you try to work through this tough time and keep the marriage intact, because divorce is a legally and emotionally devastating thing. Also, immigration laws would make it even more complex than usual, because you would be liable for financially supporting him (at least to the extent of him not having to use welfare or Medicaid) for 10 years or until he becomes a citizen, and a divorce right after AOS raises a red flag that could have both of you suspected of immigration fraud. Ultimately you would defeat those charges by showing that your marriage was entered for genuine purposes, but do you want to have to fight off those charges in the first place?