Samantha

What happens when a couple gets divorced during the I-485 process? I have my EAD and
other paperwork, but my interview isn't until January '03. We were together for 5
years pre-marriage and have been married 1 year (6 years total). The length of time
would seem to indicate to me that we didn't get married for the purpose of a green
card. Is there anything that can be done or would I be automatically deported?

Thanks

Alvena Ferreira

Samantha wrote:
    > What happens when a couple gets divorced during the I-485 process? I have my EAD
    > and other paperwork, but my interview isn't until January '03. We were together for
    > 5 years pre-marriage and have been married 1 year (6 years total). The length of
    > time would seem to indicate to me that we didn't get married for the purpose of a
    > green card. Is there anything that can be done or would I be automatically
    > deported?
    >
If you entered on K-1, you have no options except to file based on spouse abuse,
which might be hard to prove. (although I don't know your circumstances)

if you entered on any other status, you could apply to change to a work visa perhaps,
presuming you have eduations/experience qualifications.

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================

Andy Platt

The length of relationship, and even marriage, prior to adjusting status is
irrelevant - the marriage must be valid at the point of adjusting status. The only
exception is when the US citizen dies - if the marriage had been two years at that
point you would still be able to adjust status though (again, the length of the
relationship prior to marriage would be irrelevant).

Andy.

--
I'm not really here - it's just your warped imagination. "Samantha"
<[email protected]> wrote in message
news:[email protected]...
    > What happens when a couple gets divorced during the I-485 process? I have my EAD
    > and other paperwork, but my interview isn't until January '03. We were together for
    > 5 years pre-marriage and have been married 1 year (6
years
    > total). The length of time would seem to indicate to me that we didn't
get
    > married for the purpose of a green card. Is there anything that can be
done
    > or would I be automatically deported?
    >
    > Thanks

Samantha

I entered on an F-1

Alvena Ferreira <[email protected]> wrote in message
news:[email protected]...
    > Samantha wrote:
    > > What happens when a couple gets divorced during the I-485 process? I
have
    > > my EAD and other paperwork, but my interview isn't until January '03.
We
    > > were together for 5 years pre-marriage and have been married 1 year (6
years
    > > total). The length of time would seem to indicate to me that we didn't
get
    > > married for the purpose of a green card. Is there anything that can be
done
    > > or would I be automatically deported?
    > >
    > If you entered on K-1, you have no options except to file based on spouse abuse,
    > which might be hard to prove. (although I don't know your
circumstances)
    >
    > if you entered on any other status, you could apply to change to a work visa
    > perhaps, presuming you have eduations/experience qualifications.
    >
    > Alvena

    > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > =========================================
    > I am not a lawyer and this is not immigration advice. This is my personal opinion,
    > gleaned from the previous postings of others, and posted for the purpose of
    > discussion only. If your case is complicated, then you may need an immigration
    > attorney. Locate an immigration attorney in your area at: http://www.aila.org
    > =========================================

Andrew Defaria

Andy Platt wrote:

    > The length of relationship, and even marriage, prior to adjusting status is
    > irrelevant - the marriage must be valid at the point of adjusting status.

Not true. The marriage must be legit - IOW it must not be fraudulent. It need no be
valid at the point of adjusting status (usually ~2 years after the marriage). Of
course, it might be a little difficult to proof that the marriage was not one simply
of convenience when it is indeed less than two years - difficult to proof but not
necessary impossible.

    > The only exception is when the US citizen dies - if the marriage had been two years
    > at that point you would still be able to adjust status though (again, the length of
    > the relationship prior to marriage would be irrelevant).

You can also adjust status if you can prove abuse. Again, difficult but not
impossible.

    >
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination. "Samantha"
    > <[email protected]> wrote in message
    > news:[email protected]...
    >
    >> What happens when a couple gets divorced during the I-485 process? I have my EAD
    >> and other paperwork, but my interview isn't until January '03. We were together
    >> for 5 years pre-marriage and have been married 1 year (6
    >
    > years
    >
    >> total). The length of time would seem to indicate to me that we didn't
    >
    > get
    >
    >> married for the purpose of a green card. Is there anything that can be
    >
    > done
    >
    >> or would I be automatically deported?
    >>
    >> Thanks
    >>
    >>
    >
    >

Content-Type: text/html; charset=us-ascii

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> <html> <head> <meta
http-equiv="Content-Type" content="text/html;charset=ISO-8859-1"> <title></title>
</head> <body> Andy Platt wrote:<br> <blockquote type="cite"
cite="[email protected]">The length of relationship, and even marriage,
prior to adjusting status is irrelevant
- the marriage must be valid at the point of adjusting status. </blockquote> Not
true. The marriage must be legit - IOW it must not be fraudulent. It need no be
valid at the point of adjusting status (usually ~2 years after the marriage). Of
course, it might be a little difficult to proof that the marriage was not one
simply of convenience when it is indeed less than two years - difficult to proof
but not necessary impossible.<br> <blockquote type="cite"
cite="[email protected]">The only exception is when the US citizen
dies - if the marriage had been two years at that point you would still be able to
adjust status though (again, the length of the relationship prior to marriage would
be irrelevant).</blockquote> You can also adjust status if you can prove abuse.
Again, difficult but not impossible.<br> <blockquote type="cite"
cite="[email protected]"><br> <br> Andy.<br> <br> --<br> I'm not
really here - it's just your warped imagination.<br> "Samantha" <a
class="moz-txt-link-rfc2396E"
href="mailto:[email protected]">&lt;[email protected]&gt;</a> wrote in
message<br> <a class="moz-txt-link-freetext" href="news:6ihV8.7456$uf3.2569396@new-
s2.news.adelphia.net">news:[email protected]</a>...<b-
r> <blockquote type="cite">What happens when a couple gets divorced during the
I-485 process? I have<br> my EAD and other paperwork, but my interview isn't until
January '03. We<br> were together for 5 years pre-marriage and have been married 1
year (6<br> </blockquote> <!TEST->years<br> <blockquote type="cite">total). The
length of time would seem to indicate to me that we didn't<br> </blockquote>
<!TEST->get<br> <blockquote type="cite">married for the purpose of a green card. Is
there anything that can be<br> </blockquote> <!TEST->done<br> <blockquote
type="cite">or would I be automatically deported?<br> <br> Thanks<br> <br> <br>
</blockquote> <!TEST-><br> <br> </blockquote> <br> </body> </html

Andy Platt

"Andrew DeFaria" <[email protected]> wrote in message
news:[email protected]...
    > Andy Platt wrote:
    >
    > > The length of relationship, and even marriage, prior to adjusting status is
    > > irrelevant - the marriage must be valid at the point of adjusting status.
    >
    > Not true. The marriage must be legit - IOW it must not be fraudulent. It need no be
    > valid at the point of adjusting status (usually ~2 years after the marriage). Of
    > course, it might be a little difficult to proof that the marriage was not one
    > simply of convenience when it is indeed less than two years - difficult to proof
    > but not necessary impossible.

OK, you go to an AOS interview saying you are separated and see how far you get!!!

Andy.

--
I'm not really here - it's just your warped imagination.

Mrtravel@Sbcglo

    > Andrew DeFaria wrote:
    >
    > Andy Platt wrote:
    >
    > > "Andrew DeFaria" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > >> Andy Platt wrote:
    > >>
    > >> > The length of relationship, and even marriage, prior to adjusting status is
    > >> > irrelevant - the marriage must be valid at the point of adjusting status.
    > >> >
    > >> Not true. The marriage must be legit - IOW it must not be fraudulent. It need no
    > >> be valid at the point of adjusting status (usually ~2 years after the marriage).
    > >> Of course, it might be a little difficult to proof that the marriage was not one
    > >> simply of convenience when it is indeed less than two years - difficult to proof
    > >> but not necessary impossible.
    > >>
    > > OK, you go to an AOS interview saying you are separated and see how far you
    > > get!!!
    >
    > I never said it was easy - just that it was possible.

But, if the AOS was filed due to being married to American, it would seem odd if it
was normally approved if you were divorced or separated from the American.