I met my husband online two years ago, a year ago I came to the States and my husband asked me to marry him. I went back home to effect closure with regards to my property, family and job and returned on the 1st week of January and married my husband in the U.S.

Now , 9 months later my marriage is in trouble . It is not going well and he has already threatened to end the marriage right now. My interview is next month and I am now under huge stress as I have bought furniture etc. as well as I have been working at two jobs since the week I came to U.S.

I would be very very grateful for any help or suggestions anyone can offer.

What are my rights in U.S. if he files for divorce before we go for the interview of the INS and what if he does not attend the interview?

Is it possible at all to recoup anything from this marriage?

Thank you,

Sweetwater

I'm sorry to hear you're having troubles. It's doubly worse when you've made the effort to settle into a new country and cut your ties with the old.

I honestly don't know the answer to your question, but I'd advise you to repost your question in the US Marriage Based Visas forum, it gets more traffic, and the odds of you getting an answer will be greatly improved.

Good luck!

My understanding is that if things break down before the initial AOS interview your position is pretty precarious. Your AOS is based on proof of a viable marriage to a USC. If a marriage breaks down after AOS you can file to have conditions removed after a divorce or by showing proof of abuse. However, you have to have got through that initial adjustment to have those options. If your marriage is not viable at the time of adjustment of status, I don't think you're going to get your green card. I'm really sorry...

Regards
-=-
Scarlett

Add to that, if hubby wants, he can show that you committed fraud when entering the US by your "preconceived intent" to marry and remain to adjust status. This is proven in the fact that as you stated, you returned to the UK after meeting him to effect closure of your life there before returning to the US to marry.

Rete

The OP did not say which visa she used to re-enter the US. Perhaps she entered on a K-1. If so, that would affect her ability to adjust status now.

Katie

Which is possible but that would mean that she cannot remain in the US and adjust status on any other visa, i.e. marriage to another USC or a work visa or even obtain another visa without first leaving the US.

Rete

Maybe she should ask her employer to fill a work permit petition? I mean, come back in her country and ask for employment autorisation.

If she had come over on a tourist visa, and her husband withdraws his petition, or the BCIS itself withdraws the case because she is now ineligible, would the BCIS class the 9 months she spent waiting for AOS as an Overstay and slap her with a re-entry ban?
Or would the time spent in AOS be a moot point?

The thought just came to me.

I'm sorry to hear the marriage isn't working. It is bad enough in your own country but with the stress of moving you must feel very alone.

You need to give a bit more information to help people answer your question. Did you enter on the Visa Waiver Program or have a visa? On what basis were you working one week after you arrived in the US? (it usually takes longer to get an EAD if you are applying to adjust status).

I agree with most posters who state that if you have not had your AOS interview and received the Conditional Permanent Residency status and particularly, if you entered under Visa Waiver, you have little legal recourse.

You will have to go home. That can vary a bit if you were on a K-visa. I have read some legal comment that you can contest the situation if you are on a K-1. You would need to consult a lawyer.

Shannon