K1 visa ended due to relationship ending

[KristyD 4]

Hi there

 

what happens if a marriage ends before the work permit and green card is issued? How soon do you have to leave the country and what visa can you return on?

[cantofla 44]

Hi there. Sorry to hear that your relationship didn't work out.

 

Unfortunately, your green card will not be approved if your marriage has ended.

 

I would say you have up until the expiration of your I-94 to leave the country, but there really is no other option for you to stay right now.

 

You can always return as a visitor on ESTA in the future (provided you haven't violated any immigration laws that would make you ineligible for ESTA), but expect to be asked for a lot of proof tying you to Australia. Best of luck to you

Edited August 9, 2017 by cantofla

[Boiler 43,432]

K1 gives you 90 says so as long as you leave before then you will have no overstay can use the VWP to visit etc.

[Hypnos 6,576]

2 hours ago, cantofla said:

Unfortunately, your green card will not be approved if your marriage has ended.

Matter of Sesay disagrees.

 

https://mikebakerlaw.wordpress.com/2011/03/23/matter-of-sesay-k-1-fiancee-who-timely-married-petitioner-may-adjust-status-even-if-marriage-has-ended-bia-holds/

Edited August 9, 2017 by Hypnos

[KristyD 4]

If our marriage ends and I still haven't got my green card, Am I allowed to remain in the country until the divorce processes and when can I get an ESTA to come back? Do I need to return to Australia before coming back or not?

[Going through 5,668]

You already have another thread on this from yesterday and got answers there..

 

[Georgia16 2,858]

2 hours ago, KristyD said:

If our marriage ends and I still haven't got my green card, Am I allowed to remain in the country until the divorce processes and when can I get an ESTA to come back? Do I need to return to Australia before coming back or not?

Can you give a timeline?

 

When did you enter?

When did your I-94 expire?

When did you get married?

 

[KristyD 4]

Yes I entered on the 17th March and the stamp in my passport says 17th June.  We got married on the  27th March.

[Boiler 43,432]

Why would you be looking to return and when.

 

So no adjustment filed for, no more VWP, can apply for a B.

[KristyD 4]

cos i have both my dogs here from Australia and it takes 6 months to get them back so i dont want to leave them.

 

Applied for the green card about 2 months ago. and should receive the work permit any day now according to timelines.

[NigeriaorBust 4,087]

 IS he willing to provide the affidavit of support for you even though the marriage ended ?

[KristyD 4]

he has already provided it, we have done all that paperwork etc.  im now waiting on my green card and work permit

[geowrian 22,335]

At the point AOS is denied, your authorized stay in the US terminates and you begin (or resume if you already had) unlawful presence. Accumulate at least 180 days of unlawful presence and you will incur a 3/10 year bar on any visa when you exit the US. However, having any overstay will make getting another (non-immigrant) visa harder. Even without any overstay, it's unlikely to get any non-immigrant visa in the near future just on the basis that AOS was recently, which creates a pretty strong case of immigrant intent. As long as you did not overstay at any point, you can still qualify for an ESTA to visit (I'm assuming you're from a VWP country), but (as always!) CBP can still deny entry if they suspect immigrant intent.

 

It's possible there will not be an interview adjusting from a K-1. However, any competent divorce attorney would suggest withdrawing the I-864 as it's a fairly heavy liability with presumably no benefit to the sponsor anymore, which will end your green card path.

 

Technically it's possible to continue the AOS process with a divorce (see Matter of Sesay), but it's a difficult path. Plus the (former) spouse still needs to submit an I-864 for the intending immigrant (and not withdraw it before AOS approval).

 

7 minutes ago, KristyD said:

he has already provided it, we have done all that paperwork etc.  im now waiting on my green card and work permit

Are you sure they won't withdraw it?

Edited August 9, 2017 by geowrian

[Boiler 43,432]

Normally the first thing is for the sponsor to pull the I 864 and then of course you may be interviewed.