DIVORCE QUESTIONS
Feb 2nd 2003, 9:24 am
#1
Guest
Posts: n/a
DIVORCE QUESTIONS
OK, I am married to a foriegner who came over here on an F-1 student
visa. After getting married ,we filed for adjustment of status with
the INS, and we are supposed to go for an interview in about 15 months
or so, at which time I would have to sign the affidavit of suuport.
Her student visa expires in about 8 months from now.
BUt our marriage is not going too well. I do not want to sign the
affidavit. We have often talked about divorce, but when I finally got
serious, she refused a divorce.
I am not sure whether the marriage is going to work out.
Does anyone know what my or her options are on this?
visa. After getting married ,we filed for adjustment of status with
the INS, and we are supposed to go for an interview in about 15 months
or so, at which time I would have to sign the affidavit of suuport.
Her student visa expires in about 8 months from now.
BUt our marriage is not going too well. I do not want to sign the
affidavit. We have often talked about divorce, but when I finally got
serious, she refused a divorce.
I am not sure whether the marriage is going to work out.
Does anyone know what my or her options are on this?
Feb 2nd 2003, 11:48 am
#2
Guest
Posts: n/a
Re: DIVORCE QUESTIONS
It is my understanding that if you decide not to proceed with the petition you may withdraw it. This is either by writing a letter to the INS saying you no longer want to sponsor your spouse (I-130) or in simply not turning up for the interview.
If you do this, or divorce BEFORE the interview, your wife's application for permanent residency based on marriage will not be approved.
However, if you go through with the interview and sponsorship and then get a divorce she will be able to retain permanent residency (since you will have been married two years at the time.
Shannon
If you do this, or divorce BEFORE the interview, your wife's application for permanent residency based on marriage will not be approved.
However, if you go through with the interview and sponsorship and then get a divorce she will be able to retain permanent residency (since you will have been married two years at the time.
Shannon
Feb 2nd 2003, 12:22 pm
#3
Forum Regular
Joined: Jan 2003
Location: Thousand Oaks CA
Posts: 164
Re: DIVORCE QUESTIONS
Originally posted by Drifty Ex-Nuke . . .
BUt our marriage is not going too well. I do not want to sign the
affidavit. We have often talked about divorce, but when I finally got serious, she refused a divorce.. . .
BUt our marriage is not going too well. I do not want to sign the
affidavit. We have often talked about divorce, but when I finally got serious, she refused a divorce.. . .
U.S. spouses (mostly husbands) should be aware of the INS provisions for an 'abused spouse' that eliminate the usual time requirments for marriage or affidavits to obtain an AOS or green card. It is not uncommon that a foreign spouse (wife usually) facing the unwelcome prospects of a divorce before obtaining an AOS or green card will create a domestic 'fight', call the police and make a domestic violence report; U.S. husband spends the night in jail ... and the rest takes on a regrettable life of it's own. Too often, the 'abused spouse' not only gets to stay in the house for months (because of restraining orders following 'domestic violence') during the divorce, the hapless U.S. citizen husband may also have to pay for his wife's legal expenses related to her application for the 'abused spouse' status with the INS.
Good luck.
