K1 visa, marriage, divorce, getting back together again (crazy love history)

[dummys123 0]

Hello guys,

Our situation is totally complicated but maybe is not. We met years ago, we dated and got a k1 visa, but since getting married so fast is not ideally we feel pressured and we were young, confused and we had a lot of problems. I didn't want to live in NYC and he would never move to Brazil. So we end up getting divorce after 6 months. I had trouble living by my self and on the last year of my two year green card I gave up and went back to Brazil. We kept talking sometimes and we never had other relationships. This year that we were both in better positions and more mature we started to talk again and decided to give it another try. We always felt we were still married even with the distance and the divorce. We have a really strong connection. So I went to the consulate in Brazil and showed them my expired green card. It was expired since September last year and told them we want to get back together and they gave me a Boarding foil to get back on the country. So I'm here and everything is how it was supposed to be on the first time. We are really happy but we have no idea of what to do next. I would prefer to get a student visa and give it more time for us to get married again, so we can have more money, a real party, my family here, like normal things instead of rush it again. But I don't know if I can. Looks like you need to be out of the country to do it. Or perhaps if we go and get married again, like just on the court room for now. Can we apply to change the AOS as if we never got divorced or because of the last September expiration date on my temporary green card we are not allowed to renew it?

Since they gave me a boarding foil so easily on the consulate and I got through immigration on the airport smoothly without having to say much it feels like it might not be so complicated as it looks.but maybe not...

Super appreciate if anyone have any advice, though probably my case is a uncommon one. Thanks anyways.

Edited February 10, 2016 by dummys123

[Transborderwife 4,666]

No on the aos route the way you described it. You would have to declare the divorce. Student visa? Unlikely in this scenario. If you're not ready the best idea would be to go home and go from there unless ready to apply for a new aos.

[dummys123 0]

Thank you so much for the response. The student visa thing was just something in our minds. If we do get married soon and apply for the AOS do we have to start from the beginning again? I read that we can send them a letter explaining our situation, is that valid? Tks

That was some health concerns too, it's not like we were totally stupid lol

[JamnSol 35]

You are already in the country, you can get married, and file for AOS. But, now that you have arrived, and have an intention to stay, I would not leave until you have AP or some other document, because if you try to re-enter using a visa that is not intended for immigration, you could commit fraud.

Good Luck!

[Darnell 8,478]

Thank you so much for the response. The student visa thing was just something in our minds. If we do get married soon and apply for the AOS do we have to start from the beginning again? I read that we can send them a letter explaining our situation, is that valid? Tks

That was some health concerns too, it's not like we were totally stupid lol

Yes, but all of the AOS process is done whilst you remain inside of the USA. Won't be the same process as before, but some the forms will be familiar to you. As to student visa - man - who wants to pay the big international student fees? Get a green card, then go back to school, if'n thats really what you want to do.

[dummys123 0]

I appreciate guys ! Does anyone know the name of the form we will need after we remarry? Will it be the I-175 and an explanation letter as I read?