AOS Interview

[piescesuk]

What is the name of your state? CA

We deferred the interview a couple of times, but we are now told that the interview is imminent. The problem is that we are not doing well in our relationship.

In fact, I would like to file for divorce for various reasons.

What options does my husband have to receive a greencard once I filed for divorce before the interview. This was a real marriage and it is a painful place for both of us right now. We have been together for more than two years. I've known him for a lot longer. What do we need to do to convince INS that he deserves this Greencard ?

Also, he also has a job with a company that is prepared to sponsor him. But, how do you transfer a sponsorship by marriage into a sponsorship through employment ?

This is a considerable stress in both of our lives right now and we would appreciate your advice.

[ImmigAttyLana]

If you get divorced before the interview, there is NO way that your husband is going to get his permanent resident status. If his employer is able to file for him through employment, depending on how your husband initially entered the US, this may or may not be possible. At any rate, however, there is no way to simply transfer the pending petition from a family-based to an employment-based because the two are very different processes. The employer would have to start from scratch and, unless your husband would qualify for an employment-based nonimmigrant visa in the meantime, he may not be permitted to remain in the US while the employment-based permanent resident process is pending.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.