What Could Happen If I Have to Get Divorced Before the GC Process Is Done?

X

xalidag

Registered Users (C)
OK, I'm a foreigner and got married to a U.S. citizen a little while ago. Since then, as our relationship hasn't worked out well, I haven't filed a GC petition, but as my current status expires soon, I have to make a decision now. (And other options, such as seeking other visas, are practically gone.)

I don't want to file a GC petition through this marriage and rather, prefer going back to my country. However, my U.S. citizen wife insists me to file a GC and to try to work on marriage. My concern is if we have to get divorced before the process is done, what could happen? (Also, is it acceptable to file a GC while there is uncertainty in our marriage? The marriage was absolutely bona fide, I have more than enough proofs. It just hasn't worked out well.) Again, I don't have a problem to go back to my country in the future, but I definitely don't want to have a problem with the U.S. government, as I'm promised to have a brilliant international career. (Please forgive my bragging :) )
 
xalidag said:
OK, I'm a foreigner and got married to a U.S. citizen a little while ago. Since then, as our relationship hasn't worked out well, I haven't filed a GC petition, but as my current status expires soon, I have to make a decision now. (And other options, such as seeking other visas, are practically gone.)

I don't want to file a GC petition through this marriage and rather, prefer going back to my country. However, my U.S. citizen wife insists me to file a GC and to try to work on marriage. My concern is if we have to get divorced before the process is done, what could happen? (Also, is it acceptable to file a GC while there is uncertainty in our marriage? The marriage was absolutely bona fide, I have more than enough proofs. It just hasn't worked out well.) Again, I don't have a problem to go back to my country in the future, but I definitely don't want to have a problem with the U.S. government, as I'm promised to have a brilliant international career. (Please forgive my bragging :) )
Click to expand...

I think it won't haem you if you file for GC through this marriage and if you have to go through a divorce, you can simply pull back your case and go back to your country. But if you really want to live here, you should look for other options.
 
Good career

In your case, if you are not afraid of going back to your country.
My advise is if you have a promising career, file GC for employment based. Women are different creatures than men. If you file GC through family based, don't make your wife feel like you are the one who wants to file this petition.

Ask her to file for you, I mean let her fill out the paper work and stuff.

I have two 485 petitions almost same timeline

1. Family based
2. Employment based

I am praying I get Employment based first.

My observation on these forums

Husband is Beneficiary:
I have seen a lot of men get divorced while GC pending on these forums.

Wife is beneficary:
The man is more worried about getting GC for wife, than the wife itself.
 
What happened man???? I though you were already done and filed papers At least one of you believes in your marriage. As a woman I would tell you the same. Marriage is not in pink only. I see your nobelty here, my applauses. Give yourself time. Even go back home. If you see you cant live apart come back in US and go for the GC.
 
atbaig said:
In your case, if you are not afraid of going back to your country.
My advise is if you have a promising career, file GC for employment based. Women are different creatures than men. If you file GC through family based, don't make your wife feel like you are the one who wants to file this petition.

Ask her to file for you, I mean let her fill out the paper work and stuff.

I have two 485 petitions almost same timeline

1. Family based
2. Employment based

I am praying I get Employment based first.

My observation on these forums

Husband is Beneficiary:
I have seen a lot of men get divorced while GC pending on these forums.

Wife is beneficary:
The man is more worried about getting GC for wife, than the wife itself.
Click to expand...

Yes, I agree with you, I'm as a beneficary and my husband is the USC and he's the one who is more worried than me about getting GC for me.
 
amishah said:
I think it won't haem you if you file for GC through this marriage and if you have to go through a divorce, you can simply pull back your case and go back to your country. But if you really want to live here, you should look for other options.
Click to expand...
Thanks for your reply. As I wrote in the other threads, my understanding is that what would happen and what choices I would have are different between a case that the divorce takes place while I-485 is pending and a case that the divorce takes place during the conditional GC period.

I think you are answering to the former case.

I concern the latter case--I mean, could I get "deported," officially speaking, and what would be the consequence of getting deported? I would be happy to go back to my country, but being banned to enter the U.S. for a long time is definitely something I want to avoid.
 
atbaig said:
In your case, if you are not afraid of going back to your country.
My advise is if you have a promising career, file GC for employment based. Women are different creatures than men. If you file GC through family based, don't make your wife feel like you are the one who wants to file this petition.

Ask her to file for you, I mean let her fill out the paper work and stuff.

I have two 485 petitions almost same timeline

1. Family based
2. Employment based

I am praying I get Employment based first.

My observation on these forums

Husband is Beneficiary:
I have seen a lot of men get divorced while GC pending on these forums.

Wife is beneficary:
The man is more worried about getting GC for wife, than the wife itself.
Click to expand...
Thanks. We have decided to file for the GC (Gosh, we've been going back and forth on this for more than three months!) and I've made it very clear to her that this is based on her preference.

As I consider myself as a feminist, I tend to disagree with some part of your comments, but I wouldn't get into gender discussions on this board. Actually, I think your observation at the end of your post is quite right, statistically speaking.
 
NBC_June04 said:
What happened man???? I though you were already done and filed papers At least one of you believes in your marriage. As a woman I would tell you the same. Marriage is not in pink only. I see your nobelty here, my applauses. Give yourself time. Even go back home. If you see you cant live apart come back in US and go for the GC.
Click to expand...
Glad to see you here again, thanks for your long-term support!
 
similar situation

xalidag,
I am in a similar situation. I am married to US citizen and I
have a 2 1/2 year old daughter. Our marriage is otherwise happy
with some minor issues. My employment based GC has been filed
by my company, I mean 485 filed in CSC. My wife insisted that I
apply for family based GC. I filed an application and spent around
$600-700 dollars.

Everytime we have an argument she brings up this issue and
sometimes she kinda threatens me. All she needs is some attention
and for that she doesn't have to bring this issue.

I hope I never get the interview letter for family based.
 
xalidag said:
Thanks for your reply. As I wrote in the other threads, my understanding is that what would happen and what choices I would have are different between a case that the divorce takes place while I-485 is pending and a case that the divorce takes place during the conditional GC period.

I think you are answering to the former case.

I concern the latter case--I mean, could I get "deported," officially speaking, and what would be the consequence of getting deported? I would be happy to go back to my country, but being banned to enter the U.S. for a long time is definitely something I want to avoid.
Click to expand...

If divorce takes place during conditional GC period, you GC will stiill expire on the date of expiry on the conditional card.

Now If you apply to remove conditions, which you can legally do even if you get a divorce and your application is denied then USCIS will give you enough time to leave US and it will NOT be called DEPORTATION.

If you are in such a situation you should consult an attorney.
 
You must log in or register to reply here.
Top