Michael

I've seen this question before, though not for my current situation.

My wife and I have been married for 8 months. We've submitted our
paperwork (I-485, etc) a while ago, and she was fingerprinted at the
end of June. We haven't been scheduled for our AOS interview yet.
We've decided to get a divorce. Questions...

-Will she be forced to leave the states? She came in on a J-1 visa,
and overstayed for about a year before we got married (not sure if
that even matters).

-What if the divorce isn't final before the interview, will she be
able to get conditional status while our intent is to get divorced?

-If we don't devulge that we want a divorce at the interview and she
get's conditional residency, will she be able to get a waiver that
lets her get PR even though we get divorced? Can there be legal
ramifications for me if we do this?

-Do I have the option to not show up at the interview? (i.e. Am I
allowed not to show up even though I'm her sponsor? After all, we're
getting divorced.)

-If she is told to leave, what keeps her from staying (illegally)
anyway? She's got a ss card, and it seemed to be all she needed to
get by just fine.

Thanks for the help!
-mp

hazeleyes

Can you tell me what happened as I'm in the exact position? I would be so grateful

ian-mstm

If you divorce, away goes her basis for adjustment. She will be immediately out of status and deportable.


She will likely get CPR status if you divorce after the interview.


Yes, she can file the waiver immediately when the divorce is final. As for ramifications, divorce does not release you from financial responsibility under the I-864.


You have the option, yes. However, if you don't show up at the interview, her application will be denied and she will become immediately deportable.


Nothing will keep her from staying illegally. However, if she *ever* shows up on the radar, she will become immediately deportable. Just hope that she never receives a paycheck from work, because IRS is not known for its sense of humor and the various government agencies often grease each other's wheel.


Ian

hazeleyes

Hi thats helpful. Just another question. I read on here that even if divorce proceeding have started before the interview then USCIS will take it that you are divorced and therefore cannot get CPR anyway.

I just find this so unfair because I never found out that my husband had phycosis until after we married and asked his doctor what was actually wrong with him,and he never took his medication for this. He treated me pretty badly emotionally, ie kept going back and forth to his mothers. His mother hit me and the counsellor saw and recorded the bruises she made etc etc.I also went to the police He would go on pornographic sites and tell me he hated me one day and was in love with me the next.He always complained that i didn't contribute financially (I had no EAD at the time)etc etc. He did not hit me tho but wouldn't sleep with becasue i wasn't as good as his other girlfriends. I really loved this man and he has destryed me emotionally to the point his mother sent me to a psch ward for 5 days. This was after he had told me he hated me and my children, was looking for someone else which he did on dating sites. He also made me choose between him and my eldest son who had to go home. He would not sleep with but played with himself whilst i was lying next to himI was so drained emotionally and I know it was wrong now but I just gave in. Before I came here I was bubbly, happy,had a good job teaching, a home and my self esteem.


SHona

ian-mstm

You do realize, don't you, that you never actually asked a question?


I read that same thread... I don't have any first hand knowledge of this either way.

Ian

hazeleyes

mm your'e right ok-my question was does it matter if divorce proceedings have already started as someone here said USCIS would take it that we were divorced already.


Shona

Noorah101

Shona,

Just curious, with all you've been through, why would you NOT want to start divorce procedings, and get away from this guy? There might be a way you can stay in the USA because abuse was involved.

Rene

hazeleyes

Because i loved him and thought i could cope with his illness and put up with it. I was abused as a child as this is how men have treated me (not an excuse just a possible reason. The thought of being abandoned terrified me even more. I guess i just couldn't give up that easily after all i'd given up in the UK. Would all i've said constitute abuse ?-I thought one has to be hit, locked in cupboards etc. He did recently say that if he stayed he would end up hurting me and my son. But what he said/she said was not documented I have no proof of it.

Shona

Noorah101

My advice is to start documenting everything, in preparation for your case. Yes, what you have been through, in my opinion, constitutes mental abuse. Physical, too...you said his mother hit you.

Anyway...start documenting and preparing. And get away from him, go stay with friends or something.

Rene

bionomique

Whether that is the case, I can't really state, but even if it were not practice for USCIS to deny the CPR if divorce proceedings are underway, do you really think that in his condition he could be at all convincing that the marriage is bona fide in an AOS interview? Sounds to me like it would have to be an Oscar winning performance!

hazeleyes

He has gone back to his mothers-left two weeks ago. Said he couldn't sleep proprly and then 3 days laater i got this letter from the court. He isn't here with me.



Shona

Folinskyinla

Hi:

Why do you ask?

meauxna

MrF,
That OP is long gone; see the date.

hazeleyes

Ask what ????my postings are further up i'm Shona not Michael-well i hope not!!

But if you could read mine i'd be eternally grateful

Shona

evoal2003

my sympathy is with you at this time.