helpful imformation needed please

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Old Jul 17th 2003, 1:04 am
  #1  
Lyn01lg
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Default helpful imformation needed please

Hello

i am married to an American man for one and one half years now and it looks
like we will not stay together and get divorced. i was his financee and came to
USA on a k1 visa and had my ajustment of status interview but they did not give
me a green card and then asked for added evidense about my husband. he will not
give them this so i do not know what to do now. i left a good job position to
be with my husband in america but it looks like our marriage will not last,
bad.

my question is if i do not adjust my status now whil i'm married can i adjust
my status myself after a divorse if we do get divorsed. i make over the minimum
salalry i can suport myself.

i wish to thank anyone who can offer me advise lynn
 
Old Jul 17th 2003, 1:33 am
  #2  
Ben Johnson
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Default Re: helpful imformation needed please

Lynn,

Your adjustment of status was based on a marriage to a US citizen.....

It should come as no surprise that the INS will not issue a green card, as
they apparently suspected something was amiss regarding the integrity of
your marriage.

Of course your husband will not provide evidence....the evidence they are
looking for is to demonstrate an ongoing marriage....which again, appears to
no longer exist. (him providing evidence at this point if the marriage is
over for all practical purposes, poses a potential legal risk, however
slight,for him)

Your best bet (to explore the options, based on your personal situation) is
to get a consultation with a local immigration attorney.

Ben


"Lyn01lg" wrote in message
news:[email protected]...
    > Hello
    > i am married to an American man for one and one half years now and it
looks
    > like we will not stay together and get divorced. i was his financee and
came to
    > USA on a k1 visa and had my ajustment of status interview but they did not
give
    > me a green card and then asked for added evidense about my husband. he
will not
    > give them this so i do not know what to do now. i left a good job position
to
    > be with my husband in america but it looks like our marriage will not
last,
    > bad.
    > my question is if i do not adjust my status now whil i'm married can i
adjust
    > my status myself after a divorse if we do get divorsed. i make over the
minimum
    > salalry i can suport myself.
    > i wish to thank anyone who can offer me advise lynn
 
Old Jul 17th 2003, 6:20 pm
  #3  
Lyn01lg
Guest
 
Posts: n/a
Default Re: helpful imformation needed please

Lynn,

Your adjustment of status was based on a marriage to a US citizen.....

It should come as no surprise that the INS will not issue a green card, as
they apparently suspected something was amiss regarding the integrity of
your marriage.

Of course your husband will not provide evidence....the evidence they are
looking for is to demonstrate an ongoing marriage....which again, appears to
no longer exist. (him providing evidence at this point if the marriage is
over for all practical purposes, poses a potential legal risk, however
slight,for him)

Your best bet (to explore the options, based on your personal situation) is
to get a consultation with a local immigration attorney.

Ben


"Lyn01lg" wrote in message
news:[email protected]...
    > Hello
    > i am married to an American man for one and one half years now and it
looks
    > like we will not stay together and get divorced. i was his financee and
came to
    > USA on a k1 visa and had my ajustment of status interview but they did not
give
    > me a green card and then asked for added evidense about my husband. he
will not
    > give them this so i do not know what to do now. i left a good job position
to
    > be with my husband in america but it looks like our marriage will not
last,
    > bad.
    > my question is if i do not adjust my status now whil i'm married can i
adjust
    > my status myself after a divorse if we do get divorsed. i make over the
minimum
    > salalry i can suport myself.
    > i wish to thank anyone who can offer me advise lynn







>>
thank you for the advise lynn
 
Old Jul 17th 2003, 8:51 pm
  #4  
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Default Re: helpful imformation needed please

Originally posted by Lyn01lg
Hello

i am married to an American man for one and one half years now and it looks
like we will not stay together and get divorced. i was his financee and came to
USA on a k1 visa and had my ajustment of status interview but they did not give
me a green card and then asked for added evidense about my husband. he will not
give them this so i do not know what to do now. i left a good job position to
be with my husband in america but it looks like our marriage will not last,
bad.

my question is if i do not adjust my status now whil i'm married can i adjust
my status myself after a divorse if we do get divorsed. i make over the minimum
salalry i can suport myself.

i wish to thank anyone who can offer me advise lynn
What specific additional evidence did they request? Have you ever been subject to "any" physical abuse, or extreme emotional abuse from your husband?

You need to be able to prove that you entered into a legitimate bonafide marriage "at its inception", not necessarily that it continues to be a great marriage now, however in practical terms I've seen BCIS offices delay the adjudication of an AOS (so they can deny it) once they catch wind of the fact that there is a divorce in the works.

Good luck.

M.U.
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Old Jul 17th 2003, 10:27 pm
  #5  
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Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: helpful imformation needed please

Originally posted by Lyn01lg
Hello

i am married to an American man for one and one half years now and it looks
like we will not stay together and get divorced. i was his financee and came to
USA on a k1 visa and had my ajustment of status interview but they did not give
me a green card and then asked for added evidense about my husband. he will not
give them this so i do not know what to do now. i left a good job position to
be with my husband in america but it looks like our marriage will not last,
bad.

my question is if i do not adjust my status now whil i'm married can i adjust
my status myself after a divorse if we do get divorsed. i make over the minimum
salalry i can suport myself.

i wish to thank anyone who can offer me advise lynn
Hi:

Get to a very good and agressive immigration lawyer -- not just one who pushes forms.

An argument CAN be made that getting married in a bona fide marriage is enough to qualify for green card.
Folinskyinla is offline  

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