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Want to Divorce but Adj. of Status is in Process

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  • Want to Divorce but Adj. of Status is in Process

    Hello! Well, Briefing my case, my husband filed for my adjustment of status, I already had my biometrics appointment and else.. the thing is, I can't stand him anymore and I want to divorce him. I have a border crossing card, valid until 2009.

    My main concern is...would I be able to come back to the U.S. if my divorce is not done (I know it takes minimum 6 months)... just because I'm still "married" to a U.S. citizen and that makes me a "potential immigrant".

    Also.. I have a bachelor's degree in Chemistry , I'm a hardworking smart girl and I would like to know if I can apply for a working permit or a TN1 visa here in the U.S. meanwhile I'm getting divorced.

    What would be the smartest thing to do, if I don't want to be with him? I'm 26 years old... marriage sucks! it's all lies and BS!!

  • #2
    While your AOS is pending, you can not leave the USA without an Advance Parole document.

    If your AOS is abandoned/cancelled due to the divorce, you will be out of status and must return home.

    It will prove hard to re-gain entry to the USA as you have already shown immigrant intent, if the marriage is still valid.

    You can, get the marriage finalized, withdraw your AOS petition and then you may be able to use your crossing card.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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