married to citizen girl..field all immg papers and NOW PROBS in marriage

S

stevens

Registered Users (C)
:confused:

Hello,

I am on H1B and married to a citizen girl in DEC 2003 and have field all the change of status papers to NJ office now we are having problems and girl wants divorce.

Please advice if we take divorce what can happen to my immg status will it change. EAD interview is in May.

What shall i do to keep my immg status without any sort of problems with INS.

Regards,

Stevens
 
Nothing can be done. The AOS interview requires all kinds of the proof that the marriage is working and requires the spouse to be there and answer questions..

Even if you get it know by postponing the divorce, you will only get a 2 yr conditional card as your marriage is less than 2 yrs old. You will have problem later too when you have to remove the condition...
 
considering that am on H1B currently will i lose my status of H1B also if we take divorce or can i send a letter to INS about the happenings and asking to cancel all applications.

or can i cancel when I appear (alone) for EAD interview in next few months.


what problems i can have if my employer files GC application.

please advise

thanks
 
Last edited by a moderator:
Your H1 is abso fine. You can cancel the AOS application and EAD by writting to them or not appearing for them..

Your work based I-485 has no problem due to this atall..

goodluck
 
but i heard if i don appear to interviews might have bad immpression on INS for my other AOS application ...might hurt me down the road.

what if the divorce happens after EAD has been issued ..any chances that taking a waiver from spouse..and still reach the GC

any suggestions..

really appreciate your help

thanks
 
stevens,
you have to understand this that EAD has nothing to do with divorce.

Its the AOS application which will serve no purpose after the divorce.

Since the EAD was filled along with AOS application, you may get it but it will not be renewed...

Secondly there is no waiver on this. Please check for the INS website. it clearly gives all the details...
 
THanks

SWaiting,, one more thing to ask ..

please advice....

consider I get EAD and then when i get the GC interview date...in which her presence is required...what if she refuses to appear with me.

Can i go alone and tell the interviewing officer that my wife doesnt want to appear becos of some personal problems .....or can i write a letter to extend the date or something......

another scenario..if i go alone and tell the officer...that she doesnt want to appear and now is pressuring me..and forcing me to do something..which i don want to.....and playing with my Immigration status......what can be done... if officer stamps rejected..on GC or AOS application my EAD will become invalid same day..and will be out of status also will lose my H1B status when i get EAD in next few months.

everything is fine between us now...but just thinking abt future situations she might create for me...

any suggestions please...

regards,

stevens
 
Stevens,

are you saying that your spouse could create such potential problems for you? Or has she said she will do such a thing?

If she has you can document that and try and prove that you were battered but thats not easy.

If you have these doubts about your spouse not showing up you shouldnt have gotten married to begin with.(but again thats just my opinion don't take offense to it).

Remember.. if your wife fails to show up for the interview to give her facts about the marriage her I-130 get's denied. If her I-130 get's denied your I-485 get's bumped because of that. The moment your AOS application is denied your EAD becomes invalid and INS can consider you to be deportable.

You can choose other avenues as an AOS via your employer to gain permanent residence in the USA.

You writing a letter stating why your attending this interview on your own is not going to help unless you have very strong evidence that your spouse abused you in the marriage.

Good Luck
 
Last edited by a moderator:
thanks for your reply.

If i would have known then would have never got married...but u know sometimes u make mistakes and ppl show their real nature / intentions once something is achieved.

i am not sure she will not appear for interview..but she knows she has to...so if i don give up ..on something she will use that ultimate WMD of not appearing for interview.

somebody suggested that write a letter to INS and hold or cancel the application and that will help u ...and will have no problems in u r H1B...status.

so is that correct or can i notify INS about potential problems i know they go by the BOOK and r not emotional or considerate...

please suggest. and thanks to all who are putting their valuable time and helping me in this tough time.

regards,

stevens
 
Stevens,
I dont understand what you want to salvage. One side you say you are having problems, other sides you say you are not.

If things are not good between you two, and she is not willing to attend the AOS interview, that means she is not supporting her I-130 which make your whole I485 useless.

INS has no time or problem if you dont attend the interview. If you want to write to them and withdraw your application, sure go ahead.. The impression thing no body cares about...

Your H1 remains intact..
 
Originally posted by stevens

i am not sure she will not appear for interview..but she knows she has to...so if i don give up ..on something she will use that ultimate WMD of not appearing for interview.
Click to expand...

She dosen't have to do any thing she dosen't want to do. If she decides not to show up for the interview thats her decision. Also what do you mean by? ".so if i don give up ..on something she will use that ultimate WMD of not appearing for interview."

That pretty much shows shes blackmailing you. anyway If I were you I would write to INS and withdraw the petition get a divorce and move on.. your H-1B is still valid I would say you use that avenue to gain permanent residence status.
 
Cancel the pending GC! Do NOT let USCIS make a determination that you have committed Marriage Fraud. If they do you will probably NEVER adjust your status in any way. This would be a permanent bar to adjustment and you would likely be removed from the US.

Cancel the GC so they do not make this determination. If she writes a letter to USCIS/ICE saying that you only married her for a GC you better get used to life outside the US because you will have major problems convincing them that you are telling the truth. Cancel the case before that happens.

Keep your H-1 and file for a GC based on employment.
 
thanks Jim Mills...for your valuable advice ..this is what i have decided to do

not to go for work permit interview in May 04 and will keep on H1b visa and we are not movig towrds divorce....so looking for a year how it works between us. If everything is ok and settled then will file my papers again next year. is this a good idea.

please advice is it ok to refile after one year..with same sponsorer (my wife).

regards,

stevens
 
You must log in or register to reply here.
Top