Dave Wang

Hi, all:

I passed my AOS interview and got my Conditional PR last Oct. My wife wants a divorce
now. I know I could file I-751 myself once after the divorce has been finalized.

My question would be After the divorce finalized and I filing removal myself

1. How long would it take between filing and interview?

2. If I fail the interview, is there any way I could stay legally without losing
status? Like going to school (I-20) or have a spnsorship from my employer without
leaving the country? (I am still doing advanced graduate school now at a national
university).

Thanks for all of your support and help

Rete

You are correct in your assumption that as soon as the divorce is final you can petition via I-751 for the removal of conditions on your conditional status.

Bear in mind that the same document criteria is required of you for the removal as a single person as that of a still married person. In order words, gather together all of the proof of the validity and legitimacy of your short marriage. There is no way for anyone to tell you what the timeline would be for filing to interview or even if an interview would be required. This varies form service center to service center and from INS office to INS office. A year would be a good assumption.

As for your rights to stay in the US if denied, that would depend on whether you entered as a K-1 recipients. A K-1 recipient can only obtain another type of right to reside in the US visa by leaving the country and then applying. I don't know if this holds true if you have fulfilled the K-1 conditions by marrying and adjusting status based on that marriage. Don't know if those same ramifications hold for a failed K-1 marriage.

You can always, and it is a good thing to do, have a consultation with a good immigration attorney.

Eoin

Welcome to the club - will be getting a divorce June and applying right after that.

Dave Wang wrote:

    > Hi, all:
    >
    > I passed my AOS interview and got my Conditional PR last Oct. My wife wants a
    > divorce now. I know I could file I-751 myself once after the divorce has been
    > finalized.
    >
    > My question would be After the divorce finalized and I filing removal myself
    >
    > 1. How long would it take between filing and interview?
    >
    > 2. If I fail the interview, is there any way I could stay legally without losing
    > status? Like going to school (I-20) or have a spnsorship from my employer
    > without leaving the country? (I am still doing advanced graduate school now at a
    > national university).
    >
    > Thanks for all of your support and help

Dave Wang

Rete, I entered US with F-1. And always in status.

Thanks

Rete <[email protected]> wrote in message
news:<[email protected]>...
    > You are correct in your assumption that as soon as the divorce is final you can
    > petition via I-751 for the removal of conditions on your conditional status.
    >
    > Bear in mind that the same document criteria is required of you for the removal as
    > a single person as that of a still married person. In order words, gather together
    > all of the proof of the validity and legitimacy of your short marriage. There is no
    > way for anyone to tell you what the timeline would be for filing to interview or
    > even if an interview would be required. This varies form service center to service
    > center and from INS office to INS office. A year would be a good assumption.
    >
    > As for your rights to stay in the US if denied, that would depend on whether you
    > entered as a K-1 recipients. A K-1 recipient can only obtain another type of right
    > to reside in the US visa by leaving the country and then applying. I don't know if
    > this holds true if you have fulfilled the K-1 conditions by marrying and adjusting
    > status based on that marriage. Don't know if those same ramifications hold for a
    > failed K-1 marriage.
    >
    > You can always, and it is a good thing to do, have a consultation with a good
    > immigration attorney.

Dave Wang

Yes, Eoin. It's really great to have you guys around, and I meant it. Update me on
what's happening and good luck!!

Eoin <[email protected]> wrote in message
news:<[email protected]>...
    > Welcome to the club - will be getting a divorce June and applying right after that.