Divorce before first interview

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marko812003

Registered Users (C)
Hi everyone!

My situation is like this.
I've been married to US citizen for the past 2 years and 4 months, and i filed for adjustment of status 2 months ago. Situation got complicated between my spouse and me last month, and now I’m wondering if my spouse (USC) decide to ask divorce and not to show up for the first interview is there any chance that i can go through the interview, since we have been in a marriage more than 2 years. I have valid visa and i am legally in the country.

Thanks
 
No she has to go with you to the interview, if she does not your adjustment application will be denied. She can also withdraw the I-130 filed on your behalf before the interview.
 
Thanks for quick answer.
What can I expect to happen if she (USC) doesn’t withdraw I-130 and we don’t show up for the interview, and what’s going to happen with my work authorization which I got 2 weeks ago?
 
Occasionally they will approve cases where the petitioning spouse is absent from the interview. But that happens rarely, and requires very convincing evidence of a bona fide marriage (such as having children together). So if she won't attend this interview, you should reschedule it and try to work things out in your marriage so she might be willing to attend it on the rescheduled date.

I have valid visa and i am legally in the country.
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What kind of visa ... H1B or L1? With those visas, if your AOS is denied you can continue to stay in the US with the visa if you haven't used your employment authorization card and have maintained status by continuing to work for the same employer who sponsored the visa.
 
Last edited by a moderator:
marko812003 said:
Hi everyone!

My situation is like this.
I've been married to US citizen for the past 2 years and 4 months, and i filed for adjustment of status 2 months ago. Situation got complicated between my spouse and me last month, and now I’m wondering if my spouse (USC) decide to ask divorce and not to show up for the first interview is there any chance that i can go through the interview, since we have been in a marriage more than 2 years. I have valid visa and i am legally in the country.

Thanks
Click to expand...

Did you get your Conditional green card? If not, what were you doing 2 yrs with out filing for AOS?
 
Triple Citizen said:
OP might be on H-1B for the first 2 years of their marriage. Several couples have done that to eradicate costs involved with I-751.
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So, when do they apply for GC? And when will they apply for Citizenship.
I thought you can apply for Citizenship after3 yrs marriage to USC?
Please dont get me worng.I want to know how it works. Please explain to me if you dont mind.
 
They usually time their AOS so that their interview occurs after their second marriage anniversary. Citizenship in such cases comes 3 years (sans 90 days) after acquiring PR status.

bigbull99 said:
So, when do they apply for GC? And when will they apply for Citizenship.
I thought you can apply for Citizenship after3 yrs marriage to USC?
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bigbull99 said:
So, when do they apply for GC? And when will they apply for Citizenship.
I thought you can apply for Citizenship after3 yrs marriage to USC?
Click to expand...

3 years with a GC (minus the 90 day headstart) and 3 years of marriage to a USC are required. If a couple delays the green card process until they've been married for 2 years, they would bypass the I-751 process and directly obtain a 10-year card, but it delays their eligibility for citizenship.
 
Jackolantern said:
3 years with a GC (minus the 90 day headstart) and 3 years of marriage to a USC are required. If a couple delays the green card process until they've been married for 2 years, they would bypass the I-751 process and directly obtain a 10-year card, but it delays their eligibility for citizenship.
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Thank you
 
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