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Hi, Is there any possibility to continue with my immigration process by myself if my Spouse (petitioner) filed divorce?. I got married 3 almost 4 years ago. We have a 3 year old and my marriage was based on love. However it didn't work out. My work permit arrived almost 2 months ago so we were just waiting for the interview but he filed divorce. Can somebody can help me please?
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I am sorry you're in this situation.Originally posted by Bree11235 View Post
As far as I know if you haven't received your GC yet you can't continue the process. If your husband is willing to wait you can divorce AFTER you received your GC. -
Like the previous person said the only way around this is the cooperation of your husband. How did you come to states? what is your current status? Can you not resolve your differences without a divorce?Comment
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I came with NAFTA visa, never been illegal until I overstayed with a visitor visa.. but I was married at that time and he was LPR. then he became Citizen this year, updated my application and then my Work permit came.Originally posted by azblk View Post
He already filed divorce so I don't think I can't do anything about that point. Just it is so unfair that I have to go back to my country with the possibility to lost custody of my baby, or if court give her to me, how can I deny her right to be raised in this country, she is an American citizen.Comment
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It's a very complicated situation since there is a child. My suggestion would be to go to a lawyer. For sure they have heard about similar situations and they can address you for your and your child's best.Originally posted by Bree11235 View Post
I wish you all the best for this situationFiling Type: Concurrent I-130, I-130A I-485 (I-693 + I-864), I-765
Package Sent: 3/12
PD: 3/14/
Checks Cashed: 3/27
NoAs via Email/Texts: 3/27
NoAs via Mail: 3/30
Biometric letter: 4/5
Biometric: 4/18
Ready to be schedule for an interview 4/24
Interview was scheduled 5/22
Letter for interview received 5/26
Interview schedule for 6/26 @12.30 pm
Green card approved after interview
Green Card being printed 6/27
Green Card received on July 5. Total of 115 Days since PDComment
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It seems like he is being unreasonable right now but then again I dont know his side of the story. The bottom line is you are going to beg, plead and cajole him to withdraw the divorce petition. If that does not happen you will not be able to adjust status based on this petition.Originally posted by Bree11235 View PostComment
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You will have to leave the country if he does not withdraw the divorce . No way around it . On top of that you will fall out of status as soon as I-485 is denied which will happen automatically with the divorce, because you were illegally present you will trigger a ban upon leaving the USA . Also no more nafta visa or canadian b2 for you without going to the embassy after the ban is over , which can be up to 10 years depending on the length of overstay.Originally posted by Bree11235 View Post
Because the child is in america and father is an american he will get single custody automatically and you will NOT be able to take the kid home under anyway . This is standard procedure in american family court very harsh on the foreign parent. I just want to repeat it to you so you understand the situation you are in . You will NOT get custody of the child , you kind of made a deal with the devil having a child as a non citizen with an american . He will get single custody without discussion.Last edited by mustang85635; 12-14-2017, 01:23 AM.Comment
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That was really Sad
If you feel fear going back to your home country you will be able to take the asylum route
Most people now days they have envy jealousy to see their significant others getting that kind of benefit
If you really would like to stay in this country you should figure out what you can do
Your spouse won’t help USCIS already knew that he filed a divorce so think outside the box and be ready with plan BLast edited by Pro9; 12-14-2017, 08:57 AM.Comment
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Thanks very much for your words, I will try to talk to him.Originally posted by Dreamerdancer42Comment
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His side of story is Police came to our house because somebody call. We argued then I opened the door.. Next Police was there. He got so mad at me.Originally posted by azblk View PostComment
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hes just mad... men are crazy sometimes �� , the fact you argued to me would be - YOURE a REAL COUPLE- you live together, you had an argument and in this country, people can call the cops if someone farts in public!�� whatever- talk to him, sit down, hes just being difficult -“ I'm gonna get back at you” situation.. im sure! If you guys are parents, you obviously are a real couple, just having some problems... id imagine at your interview , you can talk to the officer like a human being.. they are just people like us... you havent commited a fraud of any kind, you are just going thru a hard time.. for the well being of your baby, they should let you to get your green card, so if even divorced, you both can be in your baby’s life!!! Dont give up!! You have a right to stay here legally! Gosh, i heard of ppl that were deported already, lawyers helping them get green cards!! Talk to your man- be confident!! Cry at your interview if you have to! Things will work out! Tell your hubby, after you get your green card, you can get divorce (if thats Okay). Dont let something he did in the heat of the moment define the rest of your lifes! Or - tell your hubby to separate- i read, your can still apply if separated, you can work on your marriage! Doesnt have to b such drastic step!Originally posted by Bree11235 View PostLast edited by Dreamerdancer42; 12-14-2017, 12:36 PM.Comment
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Exactly an OPION! That's what forms are. There is no legal advice etc. Is that so hard to comprehend? And it's not threatening at all, but pretty accurate! But once again, its a form where OPINIONS are given, if you want actual legal advice one must contact a lawyer, you know someone who actually knows the law and doesn't give an opinion but ACTUAL LEGAL ADVICE. Have a wonderful rest of your day and lighten up a bit. MERRY CHRISTMASOriginally posted by Dreamerdancer42Comment
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As a practical matter, you won't be granted adjustment of status unless, at the time your adjustment of status application is adjudicated (typically on the day of your interview), your marriage still legally exists AND your spouse advocates for you at the joint interview
On the other hand, there is no requirement that your marriage be a "healthy or viable" marriage
That said, in the jurisdiction of the 9th Circuit, there is a somewhat arcane precedent that a spouse can adjust status even after divorce, with the support of the ex-spouse. See https://www.law.unc.edu/journals/nci...e-and-divorce/ for a review of Choin vs MukaseyComment
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Sorry to hear your story. As others have advised try to talk to your husband about the long term future of your child together. Hopefully things will work out.Originally posted by Bree11235 View Post
As a last resort if you do have to get a lawyer, don't just get any lawyer, try to look for one who has had experience with such cases. Good luck!
USC->Parents AOS- PD 8/21/17
- Combo card recvd 11/29, 11/30/17 Day 100, 101
- I-485 action: Card Being Produced! 4/10, 4/20/18 Day 232, 242
- I-485 and I-130 status changed to Approved 4/12, 4/23: Day 234, 245
- I-485 and I-130 approval notices in mail 4/14, 4/26: Day 236, 248
- I-485 action: Card mailed 4/17, 4/25: Day 239, 247
- Green Card delivered 4/19, 4/27: Day 241, 249
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