Marriage based AOS - divorce

[Cheers00]

Hi all,

I need your help and advice on my case.

My spouse (a USC) and I (petitioner) have been married since May 2018 and filed the AOS I-485 and our interview is ready to be in Los Angeles office on Aug 26. However, 3 months ago, I found out that my spouse has changed and is now a drug user and we have started fighting since then. I have been stressed and abused and cried a lot. Now that I think I have made a mistake marrying the wrong person, I want to divorce my spouse and not to proceed to the interview as I won’t be able to live with drugs.

During the months of stress, my best friend has been spending time with me and we fall for each other. I am sure this should be the correct person I should marry to.

Now I have a few questions:

1. Shall I send the request to withdraw my AOS application and divorce my current spouse? By doing that, I will be out of status immediately while the divorcing process may take up to 6 months in LA.

2. I want to re-marry with my best friend. How can I avoid being out of status and deportation as I will have 30 days to leave the country; while waiting for the divorce process to complete to start the re-marriage and submit the new AOS application?

3. Do you know any good immigration attorney in Los Angeles whom I can consult? Please let help me so I can make the right steps.

Thanks a ton to y’all. Your wisdom is of great help at this time to me.

Cheers,

[Libra_14]

This might help https://www.uscis.govhttps://www.imm...elf-petitioner

[Cheers00]

Thank you so much. I am thinking of that too. But I may lack of physical injury evidence. I am just mentally tired and frustrated. I may need a good experienced attorney to help me with the process.

[newacct]

Did you enter on K1 or another visa?

[Cheers00]

Hi, I entered under F1 visa.

[azblk]

You are free to withdraw your petition, divorce, remarry and refile. Your problem is do you have enough time to accomplish these things before you get an NTA? If this is what you have decided to do then just file for divorce right away and request for interview to be rescheduled. Hopefully this should give you enough time to complete your divorce and refile with new spouse.

However before you do anything is your marriage totally broken? Is your spouse unwilling to stop using drugs? is he abusing you? The simplest solution is to try and fix your marriage.

[Cheers00]

Hi Azblk, I have tried all means but this marriage is now totally broken after 3 years of knowing each other and one year into the marriage. I loved my spouse before but I don’t think I do any more.

Shall I postpone the interview first to get some more time to complete the divorce and then refile for new marriage? You suggested the other way around. And what should I tell them the reason for postponement that makes it valid? Thanks.

[azblk]

Hi Azblk, I have tried all means but this marriage is now totally broken after 3 years of knowing each other and one year into the marriage. I loved my spouse before but I don’t think I do any more.

Shall I postpone the interview first to get some more time to complete the divorce and then refile for new marriage? You suggested the other way around. And what should I tell them the reason for postponement that makes it valid? Thanks.

No I am saying you need to file for divorce right away and you can request to reschedule at the same time. Chances are if the USCIS reschedules your interview it will be a long time before they find a slot for you - again this is just speculation. You can always say you cant make that date because blah blah. The thing is what happens if your spouse fights the divorce and drags it out?

[Zips]

No I am saying you need to file for divorce right away and you can request to reschedule at the same time. Chances are if the USCIS reschedules your interview it will be a long time before they find a slot for you - again this is just speculation. You can always say you cant make that date because blah blah. The thing is what happens if your spouse fights the divorce and drags it out?

If you rovecan pthat she's using drugs and she's the one with the problem and you entered in good faith into the marriage, go to the interview and present your case, that will give you time to straighten out your life and see if the other person is what you really looking for and not a rebound.

-Z