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Divorce before Adjustment of Status (K1)

By 8uhh77g in Effects of Major Family Changes on Immigration Benefits

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8uhh77g Newbie

8uhh77g   0

Posted
Filed: Timeline
Posted

Hi everyone!

I'm not sure if this is the right place to post this, so I apologize in advance if it isn't.

I'm going through a really hard time right now. I moved to the US in late March this year (2014) on a K1 visa and got married in early May (2014). We were dating for 2 years before we got married and everything was great. But the marriage is sadly not working out and my wife wants a divorce. We are on good terms, we still live in the same house (though she's moving out soon) and we talk every day, but she doesn't have romantic feelings for me anymore due to stress, differences in character, etc.

She and her parents (who are co-sponsors) are willing to help me stay in the country and continue my life here, as long as it is within legal boundaries.

I have filed for adjustment of status right after we got married. I got my social security number and my employment authorization, but I have not yet gotten my permanent residence (green card?).

My question is: what can we do to allow me to stay in the US and continue my life here? We are also going to talk to an immigration attorney tomorrow (Monday, Sept. 15). What questions should I ask the attorney?

Any advice is greatly appreciated. I have spent a lot of time, energy and money (savings) to move to the US and I would really like to be able to stay here, find work (I already applied for jobs and had interviews).

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Pitaya Grand Master

Pitaya   2,576

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
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~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

AOS when you are about to divorce is fraud. There is no such help as you state

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Boiler Grand Master

Boiler   43,396

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I can think of quite a few possibilities, no idea if any are applicable.

I can think of quite a few possibilities, no idea if any are applicable.

I can think of quite a few possibilities, no idea if any are applicable.

I can think of quite a few possibilities, no idea if any are applicable.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Folks you are so wrong .The BIA decided already that k1visa holder can adjust status even if the alien gets divorced.

He mentioned his about-to-divorce wife decided to help him to obtain green card eventhough they are planning divorce.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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TBoneTX Grand Master

TBoneTX   43,020

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

One post has been removed from the thread, edited to remove prohibited material, and returned to the thread as follows:

First of all, I am so sorry that you are going through this. After this process and separation now she wants to divorce...how sad. But I guess it's not meant to be. I understand why you want to stay in America, I know how filthy poor Bosnia is....and the floods are not helping! Content removed by VJ Moderation Best luck in the future!

The removed content went against this provision in the VJ Terms of Service: "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

VJ Moderation

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   43,020

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread closed at OP's request.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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