Married to USC who changed her mind
Aug 18th 2001, 12:58 pm
#1
Guest
Posts: n/a
Hello. I came here in January of 2001 on a B-2 tourist visa to visit a female friend
of mine who lives in the USA. I never intended it to happen, but we fell in love and
well 2 and a half months later we got married. We then filed INS paperwork for me to
get my green card as she had no intention of leaving the USA and wanted me to stay
here. I wanted to stay here as well. Things went fine, I got my first EAD and have
been working in status for about a month or so. Yes folks, the marriage is/was a
genuine one. But......
Then all of a sudden she changes her mind and wants a divorce from me.
A couple questions:
1. Can I divorce her, withdraw the petition and marry another US Citizen? What effect
will it have on my green card?
2. If I divorce her and a 245(i) extension is passed, will my employer be able to
sponsor me? My employer would be willing to do that for me as I am a good worker.
3. If I divorce her and return home, will I ever be able to go back to the USA? On
some other sort of visa like an H1-B?
4. If we remain married just for the green card and my AOS is denied, what I can do
from there? What is the chance of it being denied?
A response would be appreciated greatly as I have to know what to do ASAP.
of mine who lives in the USA. I never intended it to happen, but we fell in love and
well 2 and a half months later we got married. We then filed INS paperwork for me to
get my green card as she had no intention of leaving the USA and wanted me to stay
here. I wanted to stay here as well. Things went fine, I got my first EAD and have
been working in status for about a month or so. Yes folks, the marriage is/was a
genuine one. But......
Then all of a sudden she changes her mind and wants a divorce from me.
A couple questions:
1. Can I divorce her, withdraw the petition and marry another US Citizen? What effect
will it have on my green card?
2. If I divorce her and a 245(i) extension is passed, will my employer be able to
sponsor me? My employer would be willing to do that for me as I am a good worker.
3. If I divorce her and return home, will I ever be able to go back to the USA? On
some other sort of visa like an H1-B?
4. If we remain married just for the green card and my AOS is denied, what I can do
from there? What is the chance of it being denied?
A response would be appreciated greatly as I have to know what to do ASAP.
Aug 19th 2001, 8:55 am
#2
Just Joined
Joined: Aug 2001
Posts: 22
The most important point that you should stress to INS -- if this relationship ends up in a divorce -- is your intention at the point of marriage. That you married the girl because you loved her and that you had every reason to look to a future together. This will be your best card, and you should retain an attorney to help you get your point across as it won't be an easy process. In fact, INS may well reject your arguments. Having said all this, it is clear from your questions that your marriage isn't over yet and may well survive the current turmoil. I would strongly suggest that you work hard at making your marriage work. Marriages usually dissolve either early, or after the kids go to college. If you can forgive her and be good to her, I am sure she will come to appreciate you even more. There is no couple in this world who has never had an argument, and if you can put it all behind you and rekindle the fires of your marriage, the day will come when you will be so appreciative of being the gentleman you truly are. Don't worry about the green card at this point. Worry about your marriage, and your marriage will take care of the green card.
