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candyapple01
what are the procedures to file for divorce on a k-1 visa? and what are the after effects....
fwaguy
QUOTE(candyapple01 @ Jun 3 2008, 04:07 PM) *
what are the procedures to file for divorce on a k-1 visa? and what are the after effects....


Once you enter your K-1 visa is no longer valid. What matters is your status. Have you applied for a greencard, received greencard, possess conditional greencard, conditions removed?
DerekJ
Divorce laws depend on the state in which you live. As to the status of your spouse with USCIS, it may depend upon the reasons for the divorce. IIRC, you have to remain married a minimum of 2 yrs or the non-USC would be subject to having to go back to the home country. There is the possibility of an exception/waiver in cases of domestic abuse.

Someone correct me if I have misstated something.
YuAndDan
K-1 visa is only for entry to the USA, once it is used it is voided, after that and the visa holder needs to marry the petitioner or return home.

What is your status, your profile and timeline does not give us anything to go on.

Have you:
  • Filed to adjust status? (I-485)
  • Adjusted status? (Have CR-Green-Card) If so, then how long till it expires?
  • Filed to remove conditions? (I-751)
  • Removed conditions? (Have 10 year permanent green-card)
  • Filed for citizenship? (N-400)
  • Are a citizen?

The answer to your question has a lot to do with your immigrations status.

timeline.gif http://www.visajourney.com/timeline/profile.php?id=50024
diadromous mermaid
QUOTE(candyapple01 @ Jun 3 2008, 05:07 PM) *
what are the procedures to file for divorce on a k-1 visa? and what are the after effects....

If you have only recently married (within a matter of weeks) there is a chance to annul a marriage if you have sufficient grounds to show that you were deceived by your spouse. However, doing so would negate any potential to remain in this country. Care to share why you are intent on divorcing?
zqt3344
File like you normally would in the USA. If you are filing and you do not want to stay married to this person from another country and it is not working out, then by all means DO NOT file for AOS. And do all you can to get them to return to their country ASAP now and if you have to buy them a ticket of some sort to travel to that country for as soon as they leave the USA they are out of status , which means they can never return to the USA and out of your life for good and gone, you will win the divorce by default then. Good luck. devil.gif


QUOTE(candyapple01 @ Jun 3 2008, 04:07 PM) *
what are the procedures to file for divorce on a k-1 visa? and what are the after effects....

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