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If a person just filed an AOS application but it has not been approved and their spouse files for divorce and it has not yet been finalized are they still eligible to receive approval and a temporary Green Card?
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Hello,my name is Judith. Thank you for this opportunity to answer your questions.
What is the status of the I-130 petition? Was it filed with the I-485?
Judith
Actually I misspoke...the papers are in the process of being filed by an attorney so nothing has been filed yet.
No this would fall under Marriage Immigration fraud if the marriage is no longer viable and the couple have no intention of remaining in a good faith marriage.
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Can the application be filed without the support of the spouse which is the US citizen? What if it is filed and the divorce is not final does that make a difference?
You cannot file without the support of the US citizen spouse. They have to sign the forms and appear at the interview.
If the couple are separated and not living in a conjungal relationship with a bona fide good faith marriage it is fraud to file.
Experience: 33 yrs attorney on all nonimmigrant & immigrant visas
Hi Judith,
It's been a while but would like to continue on my pursuit for answers. My husband and I remain separated with our divorce pending. He is desperate to remain in the US and is going to try an abused spouse claim due to emotional and psychological abuse since I did not help him file his AOS application. His claim is completely unfounded and no documentation to substantiate it yet he is going to file the I-360 anyway. What is the likelihood if any he will get approved on this bais? It's completely unfair to have my name dragged thru the mud for paperwork sake so is there something I can do to stop this from happening? Will I get to provide my side of the story so to speak?
I see you posted a new question and I answered there, Faith
This is actually a separate question and issue:
It's been a while but would like to continue on my pursuit for answers. My husband and I remain separated with our divorce pending. He is desperate to remain in the US and is going to try an abused spouse claim due to emotional and psychological abuse since I did not help him file his AOS application. His claim is completely unfounded and no documentation to substantiate it yet he is going to file the I-360 anyway. What is the likelihood if any he will get approved on this basis? It's completely unfair to have my name dragged thru the mud for paperwork sake so is there something I can do to stop this from happening? Will I get to provide my side of the story so to speak? What are the legal implications for him if he is denied and now not only out of status but possibly divorced? Thank you!
No USCIS will not allow you to be involved in an I-360 petition in any way. They are not a court of law and they will not litigate your marriage issues.
They would require evidence from the alleged abused spouse that has to meet a burden of proof, other than his word something happened. He needs police reports, medical reports, etc. Psychological reports won't cut it because anyone can say anything.
Thank you that makes perfect sense.
What are the legal implications for him if he is denied and now not only out of status but possibly divorced by that time? Will he be in jeopardy of Deportation?
Absolutely.
The USCIS refers the case upon the denial to the ICE - Immigration and Customs Enforcement who are the police branch and they will issue him a notice ot appear before a judge for removal hearing.
Since I was his sponsor on his original I-134 will I be financially responsible for him considering he never filed for AOS?
Did he come as your fiance?
Yes he came over on a K-1 visa 3 yrs ago.
No the I-134 only binds you for the 90 days to marry and then to file for his adjustment of status.
Thank you for your time and assistance!
Good luck and all the best.