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Divorcing before filing anything for AOS. Please advice!

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  • Divorcing before filing anything for AOS. Please advice!

    Hello everyone,

    Her: US citizen
    Me: Tourist Visa Overstay since 2005, no legal presence in the US now
    We are in FL

    I have a predicament that I hope I can get some help on. I have been married to my wife for 1 year now and been a couple for 3y. Recently there was an event that broke our relationship and unfortunately there is no fix for us. We are getting divorce. We never filed anything with immigration. My question is simple:

    Will it be a problem to my immigration status if I get divorce? Do I have to file for divorce in a different way?
    Will it put me on deportation proceedings?
    Will it affect if I ever remarry (immigration purposes)?

    I know it seems like a definite lawyer question but I was hoping to first hear the knowledge of other people that might know about this or have been through the same divorce process without filing for AOS.

    Thank you in advance and I appreciate any help as it really helpful

  • #2
    Originally posted by Pepesosa View Post
    Hello everyone,

    Her: US citizen
    Me: Tourist Visa Overstay since 2005, no legal presence in the US now
    We are in FL

    I have a predicament that I hope I can get some help on. I have been married to my wife for 1 year now and been a couple for 3y. Recently there was an event that broke our relationship and unfortunately there is no fix for us. We are getting divorce. We never filed anything with immigration. My question is simple:

    Will it be a problem to my immigration status if I get divorce? Do I have to file for divorce in a different way?
    Will it put me on deportation proceedings?
    Will it affect if I ever remarry (immigration purposes)?

    I know it seems like a definite lawyer question but I was hoping to first hear the knowledge of other people that might know about this or have been through the same divorce process without filing for AOS.

    Thank you in advance and I appreciate any help as it really helpful
    If you don't have any legal presence nor ever filled for any benefits after marrying her, why would it be an immigration problem? Just divorce her, keep all paperwork and once you find the right special someone and decide to marry again, just have proof that the previous marriage didn't work if the question come up in your eventual interview.
    Applications: I-102, I-485 and I-130

    PD: 7/24/17
    Biometrics: 9/2/17
    We are scheduling your interview: 9/5/17 (then updated to March/15/18)
    EAD: October 2017
    I-102 approved on: 7/25/18
    EAD renewal and Advance Parole package received - 12/01/18
    EAD renewal being worked on - 12/05/18
    Interview scheduled notification received! - 2/6/19
    Interview - 3/26/19

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    • #3
      Originally posted by igorr View Post

      If you don't have any legal presence nor ever filled for any benefits after marrying her, why would it be an immigration problem? Just divorce her, keep all paperwork and once you find the right special someone and decide to marry again, just have proof that the previous marriage didn't work if the question come up in your eventual interview.
      Thank you for your reply! Also, for the good wishes. I was just wondering if the divorce process would affect my inmigration status or any future AOS. Thank you! I hope to hear other stories of similar situations as mine or perhaps another helpful input like this

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