My girlfriend of three years and I decided to get married in February 2013. We handed in the I-485 application sometime in May. I have already taken the biometric on July 22. However, things turned out for the worst. We started to drift apart and now our relationship is beyond repair. She wants to file for a divorce immediately. My question is, can I cancel the green card application and how will this affect any future applications in the United States? My F-1 visa has just expired by the way. Help and advice are much appreciated.
Divorce during pending I-485
- Thread starter thamjx
- Start date
Jackolantern
Registered Users (C)
You can cancel the I-485 in writing by sending a letter stating that you want to withdraw it, with a copy of the I-485 receipt notice attached. Or you can show up at the interview alone and ask to withdraw -- that is a cleaner way to do it because you'll know an official directly involved with your case has seen/heard the withdrawal request.
You said your F-1 visa expired, but has your F-1 status also ended? Have you been attending* classes and otherwise complying with the requirements of the F-1? Or did you already leave school before filing for the I-485? Did you use the employment card obtained through the I-485 to work?
Your answers to the above would affect whether you can continue to stay in the US and study after withdrawing the I-485, and whether you can obtain another student visa in the near future or otherwise return to the US legally.
Given how short-lived your marriage is, if you're going to end it now I suggest you try for annulment instead of divorce. If it is processed as an annulment and not a divorce, that would enable you to claim that you've never been married for most legal purposes (but not US immigration, as they expect you to admit that you've been married before and list the annulled marriage(s)).
*or registering for next semester's classes, if you were not attending classes in the summer
You said your F-1 visa expired, but has your F-1 status also ended? Have you been attending* classes and otherwise complying with the requirements of the F-1? Or did you already leave school before filing for the I-485? Did you use the employment card obtained through the I-485 to work?
Your answers to the above would affect whether you can continue to stay in the US and study after withdrawing the I-485, and whether you can obtain another student visa in the near future or otherwise return to the US legally.
Given how short-lived your marriage is, if you're going to end it now I suggest you try for annulment instead of divorce. If it is processed as an annulment and not a divorce, that would enable you to claim that you've never been married for most legal purposes (but not US immigration, as they expect you to admit that you've been married before and list the annulled marriage(s)).
*or registering for next semester's classes, if you were not attending classes in the summer
ananga73
Registered Users (C)
Apparently the Kardashian experience is not that unusual!
If you're no longer enrolled in school and have otherwise violated the terms of your F-1 visa, I will advise you to mail in your withdrawal and catch the next plane back to your home country.
Best.
If you're no longer enrolled in school and have otherwise violated the terms of your F-1 visa, I will advise you to mail in your withdrawal and catch the next plane back to your home country.
Best.
Thank you for your reply. My F-1 visa has actually not expired but I have just passed the 60 days mark as I graduated in June. Could you please tell me more about the annulment process? It's probably the best way to go. I really want to save this marriage but it seems like all hope is lost.
Jackolantern
Registered Users (C)
Rules and procedures for divorce and annulment are different in each state. Consult a family lawyer about it. Note that the state doesn't have to grant an annulment even if it's both what you and your spouse want. They will look at the evidence presented by you and your lawyer, and follow the relevant laws to decide if you'll get the requested annulment or that you should get a divorce.
Your F1 status is done and gone, so once your I-485 is terminated you'll have to leave the US ASAP. If you're unable to stay long enough in the US to complete the annulment or divorce proceedings, it's possible to complete it when you're outside the US with the help of a US-based lawyer.
Your F1 status is done and gone, so once your I-485 is terminated you'll have to leave the US ASAP. If you're unable to stay long enough in the US to complete the annulment or divorce proceedings, it's possible to complete it when you're outside the US with the help of a US-based lawyer.