AOS after separation?
Sep 6th 2002, 11:27 am
#1
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Posts: n/a
AOS after separation?
Has anyone ever heard of a person going through the AOS interview and getting their
green card after a separation from their USC spouse?
I had a lawyer tell me this is possible if the immigrant can prove the marriage was
entered into in good faith. I am skeptical.
Sam
green card after a separation from their USC spouse?
I had a lawyer tell me this is possible if the immigrant can prove the marriage was
entered into in good faith. I am skeptical.
Sam
Sep 6th 2002, 1:19 pm
#2
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Posts: n/a
Re: AOS after separation?
In article <[email protected] >, "Samantha"
<[email protected]> wrote:
> Has anyone ever heard of a person going through the AOS interview and getting their
> green card after a separation from their USC spouse?
> I had a lawyer tell me this is possible if the immigrant can prove the marriage was
> entered into in good faith. I am skeptical.
First the means of entrance should be considered: if the person entered on k-1 or k-3
visa, then he/she has no way to adjust status except based on marriage to the
original petitioner OR spousal abuse claim.
Next, where is the person in the process? If they have not yet received any kind
of adjustment, they have no basis for adjustment unless they make spouse abuse
claim, but might be eligible to change to some other status IF they didn't enter
as k-1 or k-3.
If the person has already received a conditional green card, then he/she can file for
adjustment based on the divorce, IF the bona fide relationship/marriage can be proved
to the INS office's satisfaction.
--
Mona
<[email protected]> wrote:
> Has anyone ever heard of a person going through the AOS interview and getting their
> green card after a separation from their USC spouse?
> I had a lawyer tell me this is possible if the immigrant can prove the marriage was
> entered into in good faith. I am skeptical.
First the means of entrance should be considered: if the person entered on k-1 or k-3
visa, then he/she has no way to adjust status except based on marriage to the
original petitioner OR spousal abuse claim.
Next, where is the person in the process? If they have not yet received any kind
of adjustment, they have no basis for adjustment unless they make spouse abuse
claim, but might be eligible to change to some other status IF they didn't enter
as k-1 or k-3.
If the person has already received a conditional green card, then he/she can file for
adjustment based on the divorce, IF the bona fide relationship/marriage can be proved
to the INS office's satisfaction.
--
Mona
Sep 6th 2002, 5:17 pm
#3
Guest
Posts: n/a
Re: AOS after separation?
> First the means of entrance should be considered: if the person entered on k-1 or
> k-3 visa, then he/she has no way to adjust status except based on marriage to the
> original petitioner OR spousal abuse claim.
Entered on F1 (that has since expired). There is abuse, but it's mostly
emotional/psychological, so there is no proof. He is also unfaithful.
> Next, where is the person in the process? If they have not yet received any kind
> of adjustment, they have no basis for adjustment unless they make spouse abuse
> claim, but might be eligible to change to some other status IF they didn't enter
> as k-1 or k-3.
Have EAD, had fingerprints done... interview is scheduled, but has not yet occured.
Been told I could change to H1B possibly. Only problem is that when I leave him, I
plan to move out of the state I am currently in. How can I get an H1B with my
current employer and then quit? Or could I move and then get a new employer and file
for H1B wtih them?
> k-3 visa, then he/she has no way to adjust status except based on marriage to the
> original petitioner OR spousal abuse claim.
Entered on F1 (that has since expired). There is abuse, but it's mostly
emotional/psychological, so there is no proof. He is also unfaithful.
> Next, where is the person in the process? If they have not yet received any kind
> of adjustment, they have no basis for adjustment unless they make spouse abuse
> claim, but might be eligible to change to some other status IF they didn't enter
> as k-1 or k-3.
Have EAD, had fingerprints done... interview is scheduled, but has not yet occured.
Been told I could change to H1B possibly. Only problem is that when I leave him, I
plan to move out of the state I am currently in. How can I get an H1B with my
current employer and then quit? Or could I move and then get a new employer and file
for H1B wtih them?
