Waiting for Interview but Spouse filed divorse

[Dreamerdancer42]

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 CHRISTMAS

Im very LIGHTEN UP- in fact, so much so, that i felt compassion for the one , that had asked!!! I think, its called EMPATHY! So if you didnt see any problem with someone who has no legal background giving such HARSH, definitive uhm “advice” to someone , than you're not very empathetic person. I myself would NEVER post on here to anyone - “oh, i think, you will for sure be deported and btw- no way around it, you wont take your kid, you will NOT get custody!! “ lighten up reading “ you will b deported and never see your child again” - sure, why not... those are to b taken very LIGHTLY , you are correct (**sarcasm**) lol! Id guess, people post here, because LEGAL advice is EXPENSIVE, so they resort to asking “ordinary folks”... and play “i know it all” even when you dont- is silly and harsh and unnecessary . Btw - yes “threatning” is a correct word for saying “ you will have to leave country and youll never get custody!! “ and its called “ a forum” not a “form” Merry xmass also!! #empathy

[Dreamerdancer42]

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 Mukasey

GREAT advice!!! Finally someone , who prob knows a lot! Without throwing threatening words you have no clue are actually really true - as id imagine, the law is such a thin ice- so many exceptions etc., too hard to navigate through it.. i read they can even be separated, so im sure, not only will they work case by case, nothing is as bad as it may seem..and things can be worked out!

[azblk]

GREAT advice!!! Finally someone , who prob knows a lot! Without throwing threatening words you have no clue are actually really true - as id imagine, the law is such a thin ice- so many exceptions etc., too hard to navigate through it.. i read they can even be separated, so im sure, not only will they work case by case, nothing is as bad as it may seem..and things can be worked out!

The thing is your husband has to be an advocate for you. He is still required to attend interview with you and if he filed i-864 he doesn't not withdraw it. Your best case scenario is you talk to him and get him to see what the potential consequences of his actions are. Without his help it will be very hard to for your petition to move ahead. TALK TO THE MAN

[Dreamerdancer42]

Im not the one who asked but i agree

The thing is your husband has to be an advocate for you. He is still required to attend interview with you and if he filed i-864 he doesn't not withdraw it. Your best case scenario is you talk to him and get him to see what the potential consequences of his actions are. Without his help it will be very hard to for your petition to move ahead. TALK TO THE MAN

Its actually not my situation, but it seems the girl was so discouraged , she already asked a question and was considering all of the horrible scenarious...where i felt, we should raise her up, so to speak...so i reacted, when someone said, unless they are already divorced at the interview and he doesnt show up, than she has a problem...i told her, to explain to him, how serious the situation is for their little family...and divorce after...or settle for legal separation untill she gets a green card, dont ruin the entire process at the almost end of it...plus, you will ruin the family!!

[mustang85635]

This is not true. Stop being an alarmist.

Tell me what part is not true , I know exactly everything I wrote is accurate . As a matter of fact I knew a couple that went through the exact thing . She is now back in germany without the kids and no green card . Seperation is not divorce . If he filed for divorce then there is no way to be able to stay full stop .
Also yes the children will ALWAYS be given to the US citizen that is standard practice. Happened many times in my country with the military bases in germany a while back especially in my area. They were born on the army base and were taken back to the USA.
Inform yourself before you say I am an alarmist lol

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Its actually not my situation, but it seems the girl was so discouraged , she already asked a question and was considering all of the horrible scenarious...where i felt, we should raise her up, so to speak...so i reacted, when someone said, unless they are already divorced at the interview and he doesnt show up, than she has a problem...i told her, to explain to him, how serious the situation is for their little family...and divorce after...or settle for legal separation untill she gets a green card, dont ruin the entire process at the almost end of it...plus, you will ruin the family!!

Wrong , if he goes to the interview he can withdraw also the fact that he filed for divorce the IO will NOT grant a green car with that in the room . Come on guys its not that difficult . This is real life she didnt ask for condolence but what will and can happen .

[mustang85635]

What are nice words going to do for her ? She needs to make the guy take back the divorce papers AND make him go to the interview and really not mention anything about this . If not then you will get no green card and you will loose the children I mean its simple how are you going to get custody of children from a US judge if you are back in your country lol . Its not that hard to understand guys .

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Rule of thumb with custody is , If he fights it you will loose , if he doesent care of course you can take the child but make sure you have the proper paperwork.
Very interesting here to see the misinformation. I see most of you should maybe do some research before having a child with an american citizen . As long as you are still a non citizen you will be at a big disadvantage

[azblk]

Tell me what part is not true , I know exactly everything I wrote is accurate . As a matter of fact I knew a couple that went through the exact thing . She is now back in germany without the kids and no green card . Seperation is not divorce . If he filed for divorce then there is no way to be able to stay full stop .
Also yes the children will ALWAYS be given to the US citizen that is standard practice. Happened many times in my country with the military bases in germany a while back especially in my area. They were born on the army base and were taken back to the USA.
Inform yourself before you say I am an alarmist lol

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You are totally being an alarmist. Family courts in this country will not award custody to one parent simply because they are a US citizen and the other one is not. I have no idea what happens in Germany but that does not happen in this country.

[mustang85635]

You are totally being an alarmist. Family courts in this country will not award custody to one parent simply because they are a US citizen and the other one is not. I have no idea what happens in Germany but that does not happen in this country.

And you are being selective , you take one thing completely out of context . Of course if you have a green card that would be the case but lets say you are a tourist and you have no green card and you have a child with someone , the judge will never ever give custody to the person here as a tourist with no viable future in terms of immigration status.
And you know I meant that but you are being selective . If your I-485 is denied and you go to the court tell me now do you think the US judge wil award custody to the parent that has to leave the country .

Alarmist or realist ? She asked about what the consequences are going to be , I am not a psychologist . I report here my own experience and this exact situation has happened here where they had a baby girl and they fought the guy divorced her and she got deported. Obviously I hope that she can get her relationship back on track because its very black and white .

[mustang85635]

You are totally being an alarmist. Family courts in this country will not award custody to one parent simply because they are a US citizen and the other one is not. I have no idea what happens in Germany but that does not happen in this country.

On top of that what have you contributed to this discussion besides saying Im an alarmist lol . Of course if she decides to live here illegally thats another thing what I am trying to get at if you go back to canada you will have a verrrry hard time taking your american child out of this country legally if both parties fight it . I think being realistic and telling someone worst case scenario will help more then saying poor you i am so sad for you blabla. Now its time to fight .

[krypton9591]

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?

although it is somewhat generic I'd recommend reading the ucis faq page about this exact situation seeing as though they are the professionals, and as everyone else has said for legal advice consult with please consult with an attorney.

https://www.uscis.govhttps://www.imm...based-marriage

I wish you the best of luck and please keep all of us updated.

[Dreamerdancer42]

To your original question..

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?

He has to go to the interview with you!! You have been married for 4 years, you will get the permanent 10 year card. You also have a child, which helps your case! Let us know, if he came to his senses!!

[azblk]

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.

Those are your words. Read them again before you start deflecting to worst case scenarios. NO court in this country will automatically decide custody because of immigration status.

[azblk]

On top of that what have you contributed to this discussion besides saying Im an alarmist lol . Of course if she decides to live here illegally thats another thing what I am trying to get at if you go back to canada you will have a verrrry hard time taking your american child out of this country legally if both parties fight it . I think being realistic and telling someone worst case scenario will help more then saying poor you i am so sad for you blabla. Now its time to fight .

Who is she going to fight? Her Husband that is now filing for divorce? Sometimes its good to think before running your mouth about stuff you are clearly misinformed about. BTW USCIS does NOT automatically start removal proceeding for every one denied AOS.

[Dreamerdancer42]

Strange- i wrote a looong post/response directed to MUstang and its been deleted..hmmm..

[Bree11235]

He has to go to the interview with you!! You have been married for 4 years, you will get the permanent 10 year card. You also have a child, which helps your case! Let us know, if he came to his senses!!

Thanks, He said he will go with me but he will tell them he is divorcing and he doesn't want any obligations about the 10 years support.