I am married to a US Citizen for 2.5 years and still waiting for the green card interview. I already have my work authorization for couple of months now but the marriage is really not working. I am emotionally and mentally stressed and would like to leave but I am not sure what will happen to me if I get a divorce while everything is on process. The marriage is in good fate however there are irreconcilable differences and I feel like she wants to use my situation to make my life a hell here in america. Any suggestions?
Divorce while waiting for green card interview with over 2 years of marriage
- Thread starter Michieboy
- Start date
Im still waiting for GC interview. Already have an advance parole and work authorization. I came here on a B2 visa then got married before going back home. After a month I returned using my B2 visa and filed for adjustment of status after a year that my stay has expired. Going back home is not an option for me.
SusieQQQ
Well-Known Member
To be honest, imo it's a troublesome description of a history for adjustment on a divorce waiver. Technically if you came in twice on a B2 then going back home should always have been an option, you must have given them evidence of intent to return home to be granted the visa and allowed in twice on it.
I have the B2 visa for several years now and been coming back and forth here during holidays and special ocassions but I got married during my last visit and exited US after few days. I came back here after a month and overstayed before filing for adjustment. Going back home is no longer an option coz I already overstayed. What im concern about is will i still get a GC when I get a divorce or they will cancel it? The marriage is over 2.5 yrs now and we are still waiting for an interview.
1AurCitizen
Registered Users (C)
If the marriage is no longer a reality, you won't be eligible to get a green card. A marriage-based green card is a US Citizen petitioner's argument that they need their foreign spouse with them in the US. If the USC cannot make that argument any longer, you wouldn't be entitled to a green card on that pretense.
A b2 visa is granted to an applicant who provides evidence of ties to a home to return to. Entry on a b2 and with a return ticket to boot ensues going back home.
A b2 visa is granted to an applicant who provides evidence of ties to a home to return to. Entry on a b2 and with a return ticket to boot ensues going back home.
SusieQQQ
Well-Known Member
Normally you would have had your marriage based green card long ago by two years in (even have or be in process of removing conditions by now), unless of course you had been married and living overseas. Your case has many question marks, especially about the timeline of everything you mentioned and why you only filed after overstaying a year. Very not-usual.
Overstaying doesn’t prevent you going home, it just prevents you coming back.
We didnt file for green card right away coz she was a GC holder when we got married so we had to file first for her citizenship and wait until shes a USC before filing for petition.
1AurCitizen
Registered Users (C)
The bold above is not correct. She could have filed for you as a green card holder. The legal thing for you to have done after marrying a GC holder was to return home and apply for a F2A visa at the embassy. Green card holders can petition spouses!
However it seems she waited petitioning you after Naturalizing was so she could help you be forgiven the overstay.
All that being said, if the marriage is heading towards dissolution, there seems to be no choice but to divorce and for you to return home. Your call.
SusieQQQ
Well-Known Member
Oh, I see, it was all carefully planned out so you could overstay without having to bear the consequences. Sorry that doesn’t seem to be working out so well for you.
I don't believe anything was planned out given that naturalization of the petitioning spouse is carefully scrutinized and isn't a given. Plus naturalization can take about a year all while OP is accumulating unlawful presence. So be careful when automatically assuming fraud.
I know someone who travels back and forth between the US frequently and is married to a US citizen for over a year and still hasn't filed for their greencard. She intends to eventually but right now has a good job in her home country and her and spouse agreed to save up money from 2 sources of income before they file. Every situation is different.
But back to the question at hand OP is your relationship salvageable? If your spouse is unwilling to attend the interview there is no way for you to get your green card through that spouse. VAWA is for those who already have a conditional greencard but because they're either divorced or have an annulment of marriage due to severe abuse they are unable to file a joint petition to remove conditions to receive their 10 year greencard and thus may self petition due to proof of a bonafide marriage. You aren't exactly at that point yet so I would advise your best route is to either salvage the relationship or divorce and pull the petition. You would be in a good position to getting your automatic 10 year card if you are still in a bonafide loving marriage when USCIS interviews you due to being married over 2 years. But again ONLY if you are in a loving marriage that is natural and not for immigration purposes. Pulling the petition ensures that there isn't anything negative on your record if you are ever in a position to file again. However, once the petition is pulled you are out of status which then makes you deportable. So you carefully have to think through all legal options.
I know someone who travels back and forth between the US frequently and is married to a US citizen for over a year and still hasn't filed for their greencard. She intends to eventually but right now has a good job in her home country and her and spouse agreed to save up money from 2 sources of income before they file. Every situation is different.
But back to the question at hand OP is your relationship salvageable? If your spouse is unwilling to attend the interview there is no way for you to get your green card through that spouse. VAWA is for those who already have a conditional greencard but because they're either divorced or have an annulment of marriage due to severe abuse they are unable to file a joint petition to remove conditions to receive their 10 year greencard and thus may self petition due to proof of a bonafide marriage. You aren't exactly at that point yet so I would advise your best route is to either salvage the relationship or divorce and pull the petition. You would be in a good position to getting your automatic 10 year card if you are still in a bonafide loving marriage when USCIS interviews you due to being married over 2 years. But again ONLY if you are in a loving marriage that is natural and not for immigration purposes. Pulling the petition ensures that there isn't anything negative on your record if you are ever in a position to file again. However, once the petition is pulled you are out of status which then makes you deportable. So you carefully have to think through all legal options.
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