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Divorce during AoS Pending

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  • Divorce during AoS Pending

    I'm married. Waiting for my interview to schedule for employee based green card (EB2 and NIW). I'm the employee, her case is dependent on mine. We are planning to get a divorce.

    Our interview is about to be scheduled but we are separated. If I show up and she doesn't show up and I show all the evidence that we had a real marriage and getting a real divorce - though it's not concluded yet- what are the consequences for me? I'm not dependent on her but she's on my file.

  • #2
    Originally posted by portlandor View Post
    I'm married. Waiting for my interview to schedule for employee based green card (EB2 and NIW). I'm the employee, her case is dependent on mine. We are planning to get a divorce.

    Our interview is about to be scheduled but we are separated. If I show up and she doesn't show up and I show all the evidence that we had a real marriage and getting a real divorce - though it's not concluded yet- what are the consequences for me? I'm not dependent on her but she's on my file.
    Her not showing up should not affect adjudication of your AOS

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      On our interview notice it said both of the spouses must be present, so I think you need more information about this, going withoit your wife may not be in ypur favor.It is just my opinion

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      • #4
        Originally posted by portlandor View Post
        I'm married. Waiting for my interview to schedule for employee based green card (EB2 and NIW). I'm the employee, her case is dependent on mine. We are planning to get a divorce.

        Our interview is about to be scheduled but we are separated. If I show up and she doesn't show up and I show all the evidence that we had a real marriage and getting a real divorce - though it's not concluded yet- what are the consequences for me? I'm not dependent on her but she's on my file.
        If you are Justin status through employment or work visa then her not showing up has nothing to do with your approval. However, if your AOS is based through marriage then she needs to show up.
        Filed I-130, I130A, I-485, I-765
        Priority Date: 01/22/2018
        Date Received NOA Letters: 02/02/2018
        Courtesy Letter for i693: 02/20/2018
        Biometrics Done: 02/21/2018
        Interview(rec' approval letter): 05/31/2018
        EAD card in production: 06/02/2018
        EAD card in hand: 06/07/2018
        SSN card in hand: 06/09/2018
        GC approval/production notifications: 07/08/2018
        Card mailed notification: 07/09/2018
        I130 & I485 approval letters received: 07/09/2018
        GC in hand: 07/11/2018

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