AOS & Divorce
Jan 29th 2001, 11:38 am
#1
Guest
Posts: n/a
I have recently had my i485 AOS interview (marraige based, we have been married 2 years
and 5 months). the interview went fine and i just have to wait for my fingerprints to be
processed for my permanent residency to be granted. i am expecting a letter from INS
giving me permanent resident status sometime in the next 2 weeks (the adjustment officers
words). the problem being, my wife has found someone else now and is talking divorce.
1. if she files for divorce before i get the approval letter and subsequent green card,
where do i stand ? is my application automatically denied? (even though approval is
literally days away)
2. will i be deported ?
3. what grounds do i have to stay ?
4. if she files for divorce the day after i get my approval letter will INS regard this as
suspicious, even though we have been married almost 2 and 1/2 years ? would INS even
know ? would htey care ?
and 5 months). the interview went fine and i just have to wait for my fingerprints to be
processed for my permanent residency to be granted. i am expecting a letter from INS
giving me permanent resident status sometime in the next 2 weeks (the adjustment officers
words). the problem being, my wife has found someone else now and is talking divorce.
1. if she files for divorce before i get the approval letter and subsequent green card,
where do i stand ? is my application automatically denied? (even though approval is
literally days away)
2. will i be deported ?
3. what grounds do i have to stay ?
4. if she files for divorce the day after i get my approval letter will INS regard this as
suspicious, even though we have been married almost 2 and 1/2 years ? would INS even
know ? would htey care ?
Jan 30th 2001, 7:15 am
#2
Guest
Posts: n/a
Hi,
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'll insert some comments.
jas wrote:
> I have recently had my i485 AOS interview (marraige based, we have been married 2 years
> and 5 months). the interview went fine and i just have to wait for my fingerprints to be
> processed for my permanent residency to be granted. i am expecting a letter from INS
> giving me permanent resident status sometime in the next 2 weeks (the adjustment
> officers words). the problem being, my wife has found someone else now and is talking
> divorce.
>
> 1. if she files for divorce before i get the approval letter and subsequent green card,
> where do i stand ? is my application automatically denied? (even though approval is
> literally days away)
Probably. See if you can get her to hold off until you are able to complete the processing
for your permanent residency. Since you have been married for over two years you should
not become a conditional permanent resident.
> 2. will i be deported ?
> That is possible if she files before you have been granted permanent residency.
>
> 3. what grounds do i have to stay ?
None!
> 4. if she files for divorce the day after i get my approval letter will INS regard this
> as suspicious, even though we have been married almost 2 and 1/2 years ?
Possibly, but they would have to come up with evidence of marriage fraud, and I suspect
that would be nearly impossible.
> would INS even know ? would htey care ?
Who knows?
Ed MacNeil Ancient Aviator North Hampton, NH, USA
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!
I'll insert some comments.
jas wrote:
> I have recently had my i485 AOS interview (marraige based, we have been married 2 years
> and 5 months). the interview went fine and i just have to wait for my fingerprints to be
> processed for my permanent residency to be granted. i am expecting a letter from INS
> giving me permanent resident status sometime in the next 2 weeks (the adjustment
> officers words). the problem being, my wife has found someone else now and is talking
> divorce.
>
> 1. if she files for divorce before i get the approval letter and subsequent green card,
> where do i stand ? is my application automatically denied? (even though approval is
> literally days away)
Probably. See if you can get her to hold off until you are able to complete the processing
for your permanent residency. Since you have been married for over two years you should
not become a conditional permanent resident.
> 2. will i be deported ?
> That is possible if she files before you have been granted permanent residency.
>
> 3. what grounds do i have to stay ?
None!
> 4. if she files for divorce the day after i get my approval letter will INS regard this
> as suspicious, even though we have been married almost 2 and 1/2 years ?
Possibly, but they would have to come up with evidence of marriage fraud, and I suspect
that would be nearly impossible.
> would INS even know ? would htey care ?
Who knows?
Ed MacNeil Ancient Aviator North Hampton, NH, USA
Jan 30th 2001, 8:27 am
#3
Guest
Posts: n/a
THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER EITHER.
Just a thought, but if she will not co-operate try taking a vacation. If she cannot serve
papers on you because you are not around (temporarily) to be served then she cannot
proceed (I think).
Of course, if you contest the divorce you could drag it on for months, depending on the
state you live in. That might get you easily past the time you need.
I presume she co-operated at the interview and did not perjure herself in front of the
inspector ?
> Newsgroups: misc.immigration.usa Date: Tue, 30 Jan 2001 15:15:47 -0500 To: jas
> <[email protected]> Subject: Re: AOS & Divorce
>
> Hi,
>
> THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
> ONE ON TV!
>
> I'll insert some comments.
>
> jas wrote:
>
>> I have recently had my i485 AOS interview (marraige based, we have been married 2 years
>> and 5 months). the interview went fine and i just have to wait for my fingerprints to
>> be processed for my permanent residency to be granted. i am expecting a letter from INS
>> giving me permanent resident status sometime in the next 2 weeks (the adjustment
>> officers words). the problem being, my wife has found someone else now and is talking
>> divorce.
>>
>> 1. if she files for divorce before i get the approval letter and subsequent green card,
>> where do i stand ? is my application automatically denied? (even though approval is
>> literally days away)
>
> Probably. See if you can get her to hold off until you are able to complete the
> processing for your permanent residency. Since you have been married for over two years
> you should not become a conditional permanent resident.
>
>> 2. will i be deported ?
>
>> That is possible if she files before you have been granted permanent residency.
>
>>
>> 3. what grounds do i have to stay ?
>
> None!
>
>> 4. if she files for divorce the day after i get my approval letter will INS regard this
>> as suspicious, even though we have been married almost 2 and 1/2 years ?
>
> Possibly, but they would have to come up with evidence of marriage fraud, and I suspect
> that would be nearly impossible.
>
>> would INS even know ? would htey care ?
>
> Who knows?
>
> Ed MacNeil Ancient Aviator North Hampton, NH, USA
Just a thought, but if she will not co-operate try taking a vacation. If she cannot serve
papers on you because you are not around (temporarily) to be served then she cannot
proceed (I think).
Of course, if you contest the divorce you could drag it on for months, depending on the
state you live in. That might get you easily past the time you need.
I presume she co-operated at the interview and did not perjure herself in front of the
inspector ?
> Newsgroups: misc.immigration.usa Date: Tue, 30 Jan 2001 15:15:47 -0500 To: jas
> <[email protected]> Subject: Re: AOS & Divorce
>
> Hi,
>
> THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
> ONE ON TV!
>
> I'll insert some comments.
>
> jas wrote:
>
>> I have recently had my i485 AOS interview (marraige based, we have been married 2 years
>> and 5 months). the interview went fine and i just have to wait for my fingerprints to
>> be processed for my permanent residency to be granted. i am expecting a letter from INS
>> giving me permanent resident status sometime in the next 2 weeks (the adjustment
>> officers words). the problem being, my wife has found someone else now and is talking
>> divorce.
>>
>> 1. if she files for divorce before i get the approval letter and subsequent green card,
>> where do i stand ? is my application automatically denied? (even though approval is
>> literally days away)
>
> Probably. See if you can get her to hold off until you are able to complete the
> processing for your permanent residency. Since you have been married for over two years
> you should not become a conditional permanent resident.
>
>> 2. will i be deported ?
>
>> That is possible if she files before you have been granted permanent residency.
>
>>
>> 3. what grounds do i have to stay ?
>
> None!
>
>> 4. if she files for divorce the day after i get my approval letter will INS regard this
>> as suspicious, even though we have been married almost 2 and 1/2 years ?
>
> Possibly, but they would have to come up with evidence of marriage fraud, and I suspect
> that would be nearly impossible.
>
>> would INS even know ? would htey care ?
>
> Who knows?
>
> Ed MacNeil Ancient Aviator North Hampton, NH, USA
Jan 30th 2001, 10:31 am
#4
Guest
Posts: n/a
but what if she sent a letter to INS while the divorce was dragged out ? can she not just
cancel her i130? application, that i had to file along with the i485 ?
Terrence Pardoe wrote in message ...
>THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER EITHER.
>
>Just a thought, but if she will not co-operate try taking a vacation. If
she
>cannot serve papers on you because you are not around (temporarily) to be served then she
>cannot proceed (I think).
>
>Of course, if you contest the divorce you could drag it on for months, depending on the
>state you live in. That might get you easily past the time you need.
>
>I presume she co-operated at the interview and did not perjure herself in front of the
>inspector ?
>
>> Newsgroups: misc.immigration.usa Date: Tue, 30 Jan 2001 15:15:47 -0500 To: jas
>> <[email protected]> Subject: Re: AOS & Divorce
>>
>> Hi,
>>
>> THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I
DON'T
>> EVEN PLAY ONE ON TV!
>>
>> I'll insert some comments.
>>
>> jas wrote:
>>
>>> I have recently had my i485 AOS interview (marraige based, we have been married 2
>>> years and 5 months). the interview went fine and i just have
to
>>> wait for my fingerprints to be processed for my permanent residency to
be
>>> granted. i am expecting a letter from INS giving me permanent resident status sometime
>>> in the next 2 weeks (the adjustment officers words). the problem being, my wife has
>>> found someone else now and is talking
divorce.
>>>
>>> 1. if she files for divorce before i get the approval letter and
subsequent
>>> green card, where do i stand ? is my application automatically denied?
(even
>>> though approval is literally days away)
>>
>> Probably. See if you can get her to hold off until you are able to
complete
>> the processing for your permanent residency. Since you have been married
for
>> over two years you should not become a conditional permanent resident.
>>
>>> 2. will i be deported ?
>>
>>> That is possible if she files before you have been granted permanent residency.
>>
>>>
>>> 3. what grounds do i have to stay ?
>>
>> None!
>>
>>> 4. if she files for divorce the day after i get my approval letter will
INS
>>> regard this as suspicious, even though we have been married almost 2 and
1/2
>>> years ?
>>
>> Possibly, but they would have to come up with evidence of marriage fraud,
and
>> I suspect that would be nearly impossible.
>>
>>> would INS even know ? would htey care ?
>>
>> Who knows?
>>
>> Ed MacNeil Ancient Aviator North Hampton, NH, USA
>>
>
cancel her i130? application, that i had to file along with the i485 ?
Terrence Pardoe wrote in message ...
>THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER EITHER.
>
>Just a thought, but if she will not co-operate try taking a vacation. If
she
>cannot serve papers on you because you are not around (temporarily) to be served then she
>cannot proceed (I think).
>
>Of course, if you contest the divorce you could drag it on for months, depending on the
>state you live in. That might get you easily past the time you need.
>
>I presume she co-operated at the interview and did not perjure herself in front of the
>inspector ?
>
>> Newsgroups: misc.immigration.usa Date: Tue, 30 Jan 2001 15:15:47 -0500 To: jas
>> <[email protected]> Subject: Re: AOS & Divorce
>>
>> Hi,
>>
>> THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I
DON'T
>> EVEN PLAY ONE ON TV!
>>
>> I'll insert some comments.
>>
>> jas wrote:
>>
>>> I have recently had my i485 AOS interview (marraige based, we have been married 2
>>> years and 5 months). the interview went fine and i just have
to
>>> wait for my fingerprints to be processed for my permanent residency to
be
>>> granted. i am expecting a letter from INS giving me permanent resident status sometime
>>> in the next 2 weeks (the adjustment officers words). the problem being, my wife has
>>> found someone else now and is talking
divorce.
>>>
>>> 1. if she files for divorce before i get the approval letter and
subsequent
>>> green card, where do i stand ? is my application automatically denied?
(even
>>> though approval is literally days away)
>>
>> Probably. See if you can get her to hold off until you are able to
complete
>> the processing for your permanent residency. Since you have been married
for
>> over two years you should not become a conditional permanent resident.
>>
>>> 2. will i be deported ?
>>
>>> That is possible if she files before you have been granted permanent residency.
>>
>>>
>>> 3. what grounds do i have to stay ?
>>
>> None!
>>
>>> 4. if she files for divorce the day after i get my approval letter will
INS
>>> regard this as suspicious, even though we have been married almost 2 and
1/2
>>> years ?
>>
>> Possibly, but they would have to come up with evidence of marriage fraud,
and
>> I suspect that would be nearly impossible.
>>
>>> would INS even know ? would htey care ?
>>
>> Who knows?
>>
>> Ed MacNeil Ancient Aviator North Hampton, NH, USA
>>
>
Feb 14th 2002, 10:25 am
#5
Guest
Posts: n/a
Re: AOS & Divorce
You need only inform the INS if your divorce were to become final before your AOS
status was approved. Since you already had your interview and are just waiting for
fingerprints, and divorces generally take several months to complete that is not
likely to happen, so you need not worry. As soon as you receive your letter you are a
Permanent Resident. I am presuming since you were married for over 2 years at the
time of your interview you will be getting a 10 year "unconditional" card, so you
will not need to worry about filing an I-751. If you do get divorced, you will have
to wait until 5 years after receiving your PR to file for citizenship - only married
spouses can file for citizenship after 3 years. Take Care. Shelley
"jas" <[email protected]> wrote in message
news:[email protected]...
> I have recently had my i485 AOS interview (marraige based, we have been married 2
> years and 5 months). the interview went fine and i just have to wait for my
> fingerprints to be processed for my permanent residency to be granted. i am
> expecting a letter from INS giving me permanent resident status sometime in the
> next 2 weeks (the adjustment officers words). the problem being, my wife has found
> someone else now and is talking divorce.
>
> 1. if she files for divorce before i get the approval letter and subsequent green
> card, where do i stand ? is my application automatically denied? (even though
> approval is literally days away)
> 2. will i be deported ?
> 3. what grounds do i have to stay ?
> 4. if she files for divorce the day after i get my approval letter will INS regard
> this as suspicious, even though we have been married almost 2 and 1/2 years ?
> would INS even know ? would htey care ?
>
>
>
> --
> JAS
>
> Posted via http://britishexpats.com
status was approved. Since you already had your interview and are just waiting for
fingerprints, and divorces generally take several months to complete that is not
likely to happen, so you need not worry. As soon as you receive your letter you are a
Permanent Resident. I am presuming since you were married for over 2 years at the
time of your interview you will be getting a 10 year "unconditional" card, so you
will not need to worry about filing an I-751. If you do get divorced, you will have
to wait until 5 years after receiving your PR to file for citizenship - only married
spouses can file for citizenship after 3 years. Take Care. Shelley
"jas" <[email protected]> wrote in message
news:[email protected]...
> I have recently had my i485 AOS interview (marraige based, we have been married 2
> years and 5 months). the interview went fine and i just have to wait for my
> fingerprints to be processed for my permanent residency to be granted. i am
> expecting a letter from INS giving me permanent resident status sometime in the
> next 2 weeks (the adjustment officers words). the problem being, my wife has found
> someone else now and is talking divorce.
>
> 1. if she files for divorce before i get the approval letter and subsequent green
> card, where do i stand ? is my application automatically denied? (even though
> approval is literally days away)
> 2. will i be deported ?
> 3. what grounds do i have to stay ?
> 4. if she files for divorce the day after i get my approval letter will INS regard
> this as suspicious, even though we have been married almost 2 and 1/2 years ?
> would INS even know ? would htey care ?
>
>
>
> --
> JAS
>
> Posted via http://britishexpats.com
