What is my situation if I divorce?

[goodford4me]

I am so sad and depressed now since It really hard for my marriage. Anyway, that kind of complain should go somewhere else. Here is my question: My wife is the principal applicant for asylum. We are still in pending approval stage. We have been in this status for a long time. what will happen to me if we divorce?

Thank you

 

[thankful]

I am so sad and depressed now since It really hard for my marriage. Anyway, that kind of complain should go somewhere else. Here is my question: My wife is the principal applicant for asylum. We are still in pending approval stage. We have been in this status for a long time. what will happen to me if we divorce?

Thank you

I am pretty sure that you will have to reapply on your own and the new case will be adjudicated on its own merit.

 

[goodford4me]

I am pretty sure that you will have to reapply on your own and the new case will be adjudicated on its own merit.

Thanks, thankful. In that case can I apply for different reason, like H1?

 

[floyd]

Thanks, thankful. In that case can I apply for different reason, like H1?

If you have never been out of status, I think it can be done. But the quota is finished for this year--earliest you can apply is next year. During that time, it is critical that you are not out of status for even a day.

Do you have employment authorization now? If so, and if you are employed in a profession that qualifies you for a H1, talk to your employer about filing for H1. If they don't want to, offer to pay the full legal cost (~$3000 or less).

 

[faysal]

I am so sad and depressed now since It really hard for my marriage. Anyway, that kind of complain should go somewhere else. Here is my question: My wife is the principal applicant for asylum. We are still in pending approval stage. We have been in this status for a long time. what will happen to me if we divorce?

Thank you

Mr. I hope this situation ends for you in peace; however, I don't understand why your wife has to be the principal in the first place. Since I understood it you guys applied in the same time why didn't you apply on your own? Are you coming from different country and you thought that she had better chances of approval. In each case, there are different scenarios.

The first case if you completely divorce. if you do this, the asylum office has no way of knowing it. Your wife if she wants to hit you hard and she is smart she can inform the asylum office and the asylum office will tell you that you need to apply on your own. If your wife doesn't inform them, your divorce will surface at the time when you are applying for greencard. At this stage you will have to do the nunc pro tunc process. It easy process and there is no difficulty involved; if you, however, divorce, and you get a divorce from a court, you need to file asylum application on your own. This depends on for you to make a critical analysis into your chances of getting asylum on your own. If you are coming from a country that is not eligible for asylum, this route is not good.

The second case is that you separate from your wife without doing a full blown divorce. To keep in tough with her untill you get the final approval.

In any case, why is it a problem for you to apply asylum on your own? Good luck mr. I divorced the principal and got asylum and greencard on my own without any lawyer involved. I nafigated the system on my own, but my case is different than yours..

 

[goodford4me]

Mr. I hope this situation ends for you in peace; however, I don't understand why your wife has to be the principal in the first place. Since I understood it you guys applied in the same time why didn't you apply on your own? Are you coming from different country and you thought that she had better chances of approval. In each case, there are different scenarios.....

Thank you faysal. I think I am wrong when using the term "principal". We married long before we came US. We applied together and the recommended approval mentioned both names. when I said "principal", what I mean was she was the one who was interviewed by IO, and she is the one who cause the possible persecution if we go back home. In this case, do you think I am considered apply by my own. I will greatly appreciate that if you can help me out. Thank you in advance. and thanks everyone for your help.

 

[faysal]

Brother: The part of your situation that I don't understand is the recomanded part of it. I don't know what would happen in the next step. For example, I am not sure if the asylum office will send final approval without second interview or whether they will call you in for another interview. In any case, divorce from the principal does not affect grant of asylum. They don't really care. The problem is you can't get greencard based on that asylum. You will need to get your own asylum approval if you divorce and you want to get greencard. In most cases, if you are coming from the same country, it won't matter that much.

It is really hard to predict. and minor mistakes can cost hugely. If you are really depressed in your marriage consult a lawyer if you can apply on your own. What you have is recomanded approval. If you apply on your own you may get a better IO and get a final approval right away. Also consider the situation in your country. In many cases, asylum interviews resulting from divorce are very easy. They don't consider the original grant of asylum. They just estublish a separate file for you. In my interview, there was no asylum questions at all. Just name and easy stuff. Also other people who went through the same process have not reported any difficulties.

The only problem I have with your case is the recomandation part. If you had final approval I would have adviced you to go ahead with divorce, but the recomadation is holding me back...good luck

 

[goodford4me]

Brother: The part of your situation that I don't understand is the recomanded part of it. I don't know what would happen in the next step. For example, I am not sure if the asylum office will send final approval without second interview or whether they will call you in for another interview. In any case, divorce from the principal does not affect grant of asylum. They don't really care...

Thank you faysal, yes this is frustrating, I have been stuck in the recommended approval for almost two years. The USCIS is waiting for FBI's name check result! faysal, I will try to find a lawyer for this case. You information is so important to me. Thanks!