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DCF - Pending AOS and potential divorce

DCF - Pending AOS and potential divorce

Old Apr 13th 2005, 2:29 pm
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Default DCF - Pending AOS and potential divorce

Hi,

If I divorce, or am in the throes of divorce, or we are separated by the time AOS comes (conditional -> permanent), what do I need to do to stay in the country?

It was a bona fida relationship and I am expecting our first.

Thank you.
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Old Apr 13th 2005, 2:32 pm
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Default Re: DCF - Pending AOS and potential divorce

If your first is born in the United States he/she will become an automatic US Citizen. You entail will then have rights....

That's all I know - wait for more postings.
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Old Apr 13th 2005, 2:34 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by anyone4tea
Hi,

If I divorce, or am in the throes of divorce, or we are separated by the time AOS comes (conditional -> permanent), what do I need to do to stay in the country?

It was a bona fida relationship and I am expecting our first.

Thank you.

Since you are already in possession of an approved IR, you should immediately hop on a plane and make a trip to the US to active that visa.

Then if your worse case scenario happens and you divorce, you can immediately apply for removal of conditions based on a good faith marriage.
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Old Apr 13th 2005, 2:35 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by anyone4tea
Hi,

If I divorce, or am in the throes of divorce, or we are separated by the time AOS comes (conditional -> permanent), what do I need to do to stay in the country?

It was a bona fida relationship and I am expecting our first.

Thank you.
Hi:

Your question and time line and indication of what you are doing is quite confusing. You are contradicting yourself a lot in a very short posting. Please clarify.
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Old Apr 13th 2005, 2:35 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by evanio1978
If your first is born in the United States he/she will become an automatic US Citizen. You entail will then have rights....

That's all I know - wait for more postings.

Being the parent of a USC does not give her any rights to remain in the US without a valid visa.
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Old Apr 13th 2005, 2:35 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by Rete
Since you are already in possession of an approved IR, you should immediately hop on a plane and make a trip to the US to active that visa.

Then if your worse case scenario happens and you divorce, you can immediately apply for removal of conditions based on a good faith marriage.
Wrong.
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Old Apr 13th 2005, 3:16 pm
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Default Re: DCF - Pending AOS and potential divorce

Allow me to clarify, and apologies for keeping it brief - I'm up to my eyes in work.

I came to the US in 2004 on a CR1 (it's activated), and have a conditional green card. My AOS to an IR1 is due in around a year's time.

Although there have been good times in the marriage, things are breaking down, and I'd just like to be clear on my options.

Thank you in advance for your help.

Edited to add: I shall soon be giving birth to our daughter.

Last edited by anyone4tea; Apr 13th 2005 at 3:23 pm.
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Old Apr 13th 2005, 3:45 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by Folinskyinla
Wrong.

Why? Explain!

Did not see the K-1, K-3, DCF in her timeline. Only the DCF, etc.

Explanation not needed.

Last edited by Rete; Apr 13th 2005 at 3:48 pm.
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Old Apr 13th 2005, 3:51 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by Rete
Why? Explain!

Did not see the K-1, K-3, DCF in her timeline. Only the DCF, etc.

Explanation not needed.

I started down the K1 route, then we went straight for DCF, having considered K3. I really should update my signature, and apologies for any confusion.
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Old Apr 13th 2005, 4:12 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by anyone4tea
Hi,

If I divorce, or am in the throes of divorce, or we are separated by the time AOS comes (conditional -> permanent), what do I need to do to stay in the country?

It was a bona fida relationship and I am expecting our first.

Thank you.
Here is a thread regarding the newest policies to apply to remove conditions before/during/after a seperation or divorce:
http://www.britishexpats.com/forum/s...d.php?t=293598

Good luck. This is a very stressful time for both of you, and i hope that things work out for the best, whatever that may be.

Marnee
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Old Apr 13th 2005, 4:37 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by anyone4tea
Hi,

If I divorce, or am in the throes of divorce, or we are separated by the time AOS comes (conditional -> permanent), what do I need to do to stay in the country?

It was a bona fida relationship and I am expecting our first.

Thank you.
hi Kath, sorry to hear of trouble at home.
I think the "AOS" confused people... that refers to adjusting status *to* PR. Since you are already a PR, what you do next is Removal of Conditions. Hey, you can start a new shorthand...RoC...aka, filing I-751.
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Old Apr 13th 2005, 4:44 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by meauxna
hi Kath, sorry to hear of trouble at home.
I think the "AOS" confused people... that refers to adjusting status *to* PR. Since you are already a PR, what you do next is Removal of Conditions. Hey, you can start a new shorthand...RoC...aka, filing I-751.
Hi Meauxna,

It's okay - we're trying to sort it out, but just wanted to check on my options. Thanks for the clarification re the AOS - I didn't realize I would confuse the issue! I've been out of the immigration scene for a few months now and have lost the lingo!

RoC it is, then... and staying in the relationship for another 18 months or so. Gives me something to work towards, to stop the unthinkable happening... having to leave my baby in the US while being deported. It gives me goosebumps just thinking about it.

Kath
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Old Apr 13th 2005, 5:17 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by USA & Pakistan
Here is a thread regarding the newest policies to apply to remove conditions before/during/after a seperation or divorce:
http://www.britishexpats.com/forum/s...d.php?t=293598

Good luck. This is a very stressful time for both of you, and i hope that things work out for the best, whatever that may be.

Marnee
Thanks for the link Marnee... (gulp)

Lucy
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Old Apr 13th 2005, 5:21 pm
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Default Re: DCF - Pending AOS and potential divorce

Incorrect. The only benefit would be that the US Citizen kid could sponcer the parents when they turn 21 if they choose.

Originally Posted by evanio1978
If your first is born in the United States he/she will become an automatic US Citizen. You entail will then have rights....

That's all I know - wait for more postings.
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Old Apr 13th 2005, 5:41 pm
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Default Re: DCF - Pending AOS and potential divorce

Originally Posted by Rete
Why? Explain!

Did not see the K-1, K-3, DCF in her timeline. Only the DCF, etc.

Explanation not needed.
Hi:

I did see it. And I found it confusing. The "DCF" obviates the the K-1 and K-3 references.
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