Getting Divorced Before Receiving EAD or Advance Parole

My question involves a marriage in the state of: California or Ohio.

I came to the US on a turist visa which expired a week later after my entry, and after some talk my gf and I decided to get engaged, get married and do the adjustment of status process, She is american and we waited a month a 2 weeks after my entry to get engaged and also an extra month to get civil married. We made plans for a religious wedding in the future ( around a year after the civil wedding .. aka 2016 )

Lately we arent doing so well, mostly jelousy and fights makes me think we made a mistake, and after some counseling (at church) I think we should get divorced. I still havent got my work permit or Advance Parole.

The question is what will happen to me?
Will I get deported?
Can I still get the green card?
Will I lost my turist visa and get banned for over stay and got married?
Than you!

Your "work permit" is entirely meaningless to your status. You're very early in the green card process. Even once the green card becomes issued, it will be conditional for the first two years. If you get divorced before the two year conditional period is up, you'll lose it. Yes you can be deported. How big of a trouble you are in depends not so much on the VISA expiration but when your stay authorization (I-90) expired and when you applied for the adjustment of status.

You certainly CAN be denied for another tourist visa because it appears you have immigrant intent and are abusing that visa.

You should be discussing this with an immigration attorney.

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Quoting mesmamente

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My question involves a marriage in the state of: California or Ohio.

I came to the US on a turist visa which expired a week later after my entry, and after some talk my gf and I decided to get engaged, get married and do the adjustment of status process, She is american and we waited a month a 2 weeks after my entry to get engaged and also an extra month to get civil married. We made plans for a religious wedding in the future ( around a year after the civil wedding .. aka 2016 )

Lately we arent doing so well, mostly jelousy and fights makes me think we made a mistake, and after some counseling (at church) I think we should get divorced. I still havent got my work permit or Advance Parole.

The question is what will happen to me?
Will I get deported?

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If you stay illegally, that's a strong possibility.

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Can I still get the green card?

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Incredibly unlikely.

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Will I lost my turist visa and get banned for over stay and got married?

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This one depends entirely on when you leave, how you leave and the mood and nature of the inspecting agent if you wish to return without a visa again.

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Than you!

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You're welcome!

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Quoting flyingron

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Your "work permit" is entirely meaningless to your status. You're very early in the green card process. Even once the green card becomes issued, it will be conditional for the first two years. If you get divorced before the two year conditional period is up, you'll lose it. Yes you can be deported. How big of a trouble you are in depends not so much on the VISA expiration but when your stay authorization (I-90) expired and when you applied for the adjustment of status.

You certainly CAN be denied for another tourist visa because it appears you have immigrant intent and are abusing that visa.

You should be discussing this with an immigration attorney.

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Getting divorced during the first two years does not automatically lead to losing status.

You have so many deportation flags, it is not worth time taking the time to mention them since it seems clear you married for citizenship.

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Quoting Disagreeable

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You have so many deportation flags, it is not worth time taking the time to mention them since it seems clear you married for citizenship.

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This is one for the record books since you and I rarely agree on immigration threads.

But on this one? I'm in complete agreement.

:cool:

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Quoting Dogmatique

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Getting divorced during the first two years does not automatically lead to losing status.

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Correct, not automatically, but given the circumstances there are serious doubts about the whether this was a "good faith" marriage or an attempt to avoid deportation.
Again, he needs to be speaking to an immigration attorney given the risk of losing permanent resident status PLUS his prior overstay PLUS apparent immigration fraud.

If you want to minimize the immigration consequences of your actions, return to your nation of origin. Your spouse can file for divorce in her state of domicile, and you can cooperate with that process without the need to return or appear in court. Given the very short duration of the marriage, it seems unlikely that there is much to be resolved in terms of a marital estate, and as you haven't mentioned pregnancy that's not an issue -- it sounds like a really simple divorce.