Considering divorce, k-1, remarrying

[Delicia 1]

I am seriously considering divorcing my husband, applying for K-1, remarrying him, then doing the AOS. I think it would be faster (at least up to EAD) than waiting out an IR-1. Things are seriously falling apart in Canada with his family and he wants to bail like yesterday.

Does anyone see any immigration issues with doing this?

[daisy16 0]

They might question your sanity!

Seriously though, they will probably scrutinize your re-application in minute detail.

[~Laura and Nick~ 5]

Edited February 7, 2008 by ~Laura and Nick~

[KGSodie 0]

If they smell anything they even think might be fraud, you could be in for a tough time.

[Emancipation 2]

Awe.... that is horrific... So sorry that the wait has been so long.. the system is BROKEN.. I don't know why NO "candidate" is talking about that!! GAHHHHHHHHH

[Carlawarla 1]

Oh Delicia. To even have to think about divorce, just to get through the immigration process is horrible. It makes me angry that everything is going SO slow for you.

You two are the only ones that can decide if this is something you want to do. Seriously...I don't know how they could not approve you if you went K-1, given all the proof of a bona fide relationship you would have. I don't see how it would even be thought of "fraud", since you're just trying to make things go faster.

Everything has been so tough for you guys and I'm so sorry about that. HUGS

[Reba 2]

Considering getting a divorce in Ontario would take about 2 years to complete, you're better off just waiting on USCIS and your petitions.

[Delicia 1]

With no children or assets in the marriage, I doubt it would take 2 years.

[trailmix 77]

With no children or assets in the marriage, I doubt it would take 2 years.

Maybe not, however you either have to have been separated for a year or there has to be infidelity or abuse.

I completely understand why you are trying to think of all possible avenues to expedite this - especially now that there is this situation with the family.

Is there any possibility that he could move somewhere else in Canada, that maybe you could move back here while you wait? No possibility of moving to Chile? I know he is living with his family so that you two can keep costs down maintaining two households, however it's probably less disruptive and time consuming to move than divorce/K1 - anyway just a thought.

Edited February 7, 2008 by trailmix

[~Laura and Nick~ 5]

With no children or assets in the marriage, I doubt it would take 2 years.

Well, just as Trailmix said, you would have to claim infidelity or some sort of abuse in order to file now. You have to separated for a year for grounds to file.

After my year had passed, we filed jointly and it took about 3 months until I had my divorce certificate in hand...like you, we had no children and divided everything equally by ourselves.

I'm sorry this is taking so long hon....I know you two will figure it out.

[Sprailenes 47]

I know every day just goes by really slow, but you have already started this process. Going back means starting all over again.

You've already taken a few steps forward.

Hang in there.

[Chica Yeyé 41]

Delicia, I agree with the folks here. It would certainly put free red flags in your file that you don't want sweetie. I know this whole thing is being horrible for you guys, and I have nothing but good vibes for you.

[Delicia 1]

I am just trying to think outside of the box. Additionally, there is nothing dictating that I would have to pursue the divorce option in Ontario. I am not a resident there and AZ has no-fault divorce, as far as I know. I know it sounds drastic, but since I have been in the immigration process since the beginning of 2006, I think drastic times call for drastic action.

As far as me going back to Canada? What on earth for? I obviously can't work, can't even visit a doctor there or have any kind of life, the wonderful Canadian government has already wrote that on the wall.

[trailmix 77]

I am just trying to think outside of the box. Additionally, there is nothing dictating that I would have to pursue the divorce option in Ontario. I am not a resident there and AZ has no-fault divorce, as far as I know. I know it sounds drastic, but since I have been in the immigration process since the beginning of 2006, I think drastic times call for drastic action.

As far as me going back to Canada? What on earth for? I obviously can't work, can't even visit a doctor there or have any kind of life, the wonderful Canadian government has already wrote that on the wall.

Hey, I'm on your side

I understand how you feel about the Canadian Government and their craziness. I was just trying to think out of the box too - I guess I'm just thinking that you can't let any Government dictate how you and your Husband are going to live your lives. You can be together in spite of them, maybe not because of them just yet.

Anyway, once he got to the interview you/he would have an opportunity to explain why you are divorced, however it might make proving that bonafide relationship a bit harder. Also, as others have mentioned, you would be starting back at square 1 with your I-130 and since getting to the NOA2 in this process seems to be the longest portion, with the time for the divorce to come through you probably wouldn't be any better off time-wise, just my opinion.

[payxibka 10,044]

If they smell anything they even think might be fraud, you could be in for a tough time.

I certainly don't see "fraud" in the scenario.... ... extra scrutiny? most probably... but certainly not fraud... YMMV