Marriage to USC and Divorce

E

ehsgurp

Registered Users (C)
Hi,

I came to US on F-1 visa and finished my Masters in Computer Sc. I then married a US citizen girl while I was on my O.P.T. (optional Practical Training) period.
I filed for Adjustment of status, and received my EAD after interview. My I-130 got approved and , Now my I-485 is pending (upon FBI background check) and I am headed for divorce. I dont have conditional GC.




1) Can i apply for H1-B in my situation
2) Do i have to abandon my 485 in this situation
3) Can i apply and keep H1 and not start working on it
4) Can she withdraw my petition
5) Can i apply for battered spouse
6) Can u suggest me if best recousrse
7) Can i wait for GC or get conditional GC, then i have to go to
office for stamping. How does it effect my case if i am seperated at that time
8) Can i file for good faith marriage
9) What is the best thing for me to do

I know these are a LOT of questions, but i am going through a LOT and my life depends on these. Thanks again for ppl kind enough to give me their time.

Thanks
Me
 
1) Can i apply for H1-B in my situation

yes

2) Do i have to abandon my 485 in this situation

right after you get divorced your AOS application is abandoned

3) Can i apply and keep H1 and not start working on it

No

4) Can she withdraw my petition

yes

5) Can i apply for battered spouse

were you battered????

6) Can u suggest me if best recousrse

yes, leave the States or find a different spouse

7) Can i wait for GC or get conditional GC, then i have to go to
office for stamping. How does it effect my case if i am seperated at that time

of course, it affects your case if you are separated. Duh.... Even if you get the conditional card, you will still have to remove conditions 2 years later - and prove your marriage was bonafide.


8) Can i file for good faith marriage -

only after you get a conditional gc, get divorced and apply for removal of conditions.
 
I think the biggest part of the original poster's decision is if he should start the divorce process before or after having the conditional GC.

My understanding is if he gets divorced while I-485 is pending, before getting the conditional GC, he may apply for non-immigrant visas, such as H.

If he gets divorced during the conditional GC period, he may file I-751 and, hopefully, remove the conditional status. Otherwise, what could happen? Can he get deported, depending on the USCIS's decision? Also, he may not be able to apply for non-immigrant visas again, as he had already expressed his intention to reside in the U.S. permanently by filing I-485, correct?
 
ehsgurp said:
Hi,

I came to US on F-1 visa and finished my Masters in Computer Sc. I then married a US citizen girl while I was on my O.P.T. (optional Practical Training) period.
I filed for Adjustment of status, and received my EAD after interview. My I-130 got approved and , Now my I-485 is pending (upon FBI background check) and I am headed for divorce. I dont have conditional GC.




1) Can i apply for H1-B in my situation
2) Do i have to abandon my 485 in this situation
3) Can i apply and keep H1 and not start working on it
4) Can she withdraw my petition
5) Can i apply for battered spouse
6) Can u suggest me if best recousrse
7) Can i wait for GC or get conditional GC, then i have to go to
office for stamping. How does it effect my case if i am seperated at that time
8) Can i file for good faith marriage
9) What is the best thing for me to do

I know these are a LOT of questions, but i am going through a LOT and my life depends on these. Thanks again for ppl kind enough to give me their time.

Thanks
Me
Click to expand...
If at the time of interview spouse needs to present. If you apply for divorce you will be in trouble.

You can apply for H1 before getting interview. But you need to go out of US and get stamping and come back and since it is new H1. It is possible only in October.

If you are already married for two years, green card you get is without any conditions. So you do not need the removal of condition.
 
Last edited by a moderator:
need help

hi all,
can you please give me advice, i got married to a USC 2 and half years ago, i recently got approved for conditional GC in augest last year, the problem is things are not workin between us, no abuse or anything like that, but we r making each other miserable and fight all the time. can we get divorced >? and what will happen with my GC? can i go thru good faith option to remove the condition? what kinda documents do i need to suppliment? we only have joint bank account, insurances , lease, but no mortgage or kids.. please help me i need some information and feedback ASAP
thanks
 
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