Legal Question in Immigration Law in Missouri

Divorce after initial 485 AOS interview

My wife is the USC petitioner and I'm the alien beneficiary. 5 months after marriage, we applied for AOS. We had the initial 485 AOS interview last month, but the officer told us we may receive a letter from USCIS requesting a ''Stokes interview.'' The letter has not arrived yet, and I fear the case is in limbo. Unfortunately, My USC wife wants a divorce. What would be the consequence to me if I proceed with divorce?


Asked on 12/02/08, 10:48 pm

1 Answer from Attorneys
Rebecca White Law Office of Rebecca White

Re: Divorce after initial 485 AOS interview

While the focus of the interview is supposed to be on the good faith nature of the marriage at the time it was entered into, the immigration service is also going to be interested in the current status of the marrige up until the issuance of the initial greencard. That they have requeseted a Stokes interview indicates that they suspect marriage fraud. If your marriage ends before the issuance of the greencard you are not going to recieve a greencard based upon the marriage.

Read more
Answered on 12/03/08, 11:34 am


Related Questions & Answers

More Immigration Law questions and answers in Missouri