I'v been married to a USC for 18 months now, i went to two interviews and everything went well, i have not received my temporary green card because i have a pending charge that i still go to court for it. I have 2 questions:
1) how long doest it take to get my temporary GC after the second interview which was on october 15th 2012?
2) if my wife proceeds for a divorce, is there any form that i can file to stay in the country?
You state that the delay is your pending charge - which we do not kow any details. How long it will take largely depends on information you have not provided.
Provided your marriage was bona fide when entered into you may be able to adjust on your own.
Seeking adjustment on your own, after a divorce, will depend on whether or not the marriage was abusive, in addition to being non-viable.
Of course, whether or not you can adjust--either through your wife's petition, or your own battered spouse petition--may very well depend on the outcome of the criminal case. Clearly, USCIS thinks it may create an impediment. What is the charge?
So long as your charges are not resolved the application cannot be approved and can be denied. If are divorced or your wife withdraws the I-130, you cannot adjust based on your marriage.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
USCIS will not approve your application for adjustment of status until the criminal charges against you have been disposed. Technically, USCIS can deny your application for failure to submit requested evidence (i.e. certified disposition). Depending upon the outcome of the arrest, you may be ineligible to adjust your status.
If your wife divorces you prior to the adjudication of the application for adjustment of status, you will be unable to adjust your status based upon the immigrant visa filed by your wife.
