K-1 visa awaiting AOS facing divorce, please comment!!

[livinginamerica 0]

I entered the US september 2008 on a K-1 visa and got married shortly after. We filed all papers straight away and have been very strict living up to all deadlines and regulations. I'm currently awaiting my Adjustment Of Status which has been delayed over and over again because of request for additional proof of support. My wife's income the previous years was earned in the UK and the income was below the taxable limit appointed by the US IRS, so she didn't pay any taxes in the US. Because of this her income statemnet shows taxable income $0 and because of this USCIS have stalled the case though everything is in perfect order according to IRS, it's only mis-comunication from USCIS but nevertheless a major delay that we probably have to bypass with a co-sponsor.

Shortly after we decided to let my wife's mother co-sponsor my application, we decided to end our relationship and the papers was never filed. It has been about 1 month since this happened, we split up as good friends and are now debating whether we can help each other with visa's and because of this we haven't yet filed for divorce. My wife wants a european visa and I would like to get my greencard.

To complicate things, I have not yet gotten my temporary work-permit or parole letter. K-1 is a 1-entry visa, so if I leave the US now, I will not get to enter on the same visa and my application will be cancelled. Because of the break-up (though we're still technically together) I want to go back to Denmark by the end of june.

If i tell my wife to go ahead and let her mother co-sponsor me it is because we decided to go ahead and get her a visa for europe aswell. The sum of this would be that hopefully I would get my parole letter before leaving the US late june and then situation would be me living in Denmark, my wife in the UK as we're applying for my greencard in the US. Is this possible?

[Dakine 26]

I entered the US september 2008 on a K-1 visa and got married shortly after. We filed all papers straight away and have been very strict living up to all deadlines and regulations. I'm currently awaiting my Adjustment Of Status which has been delayed over and over again because of request for additional proof of support. My wife's income the previous years was earned in the UK and the income was below the taxable limit appointed by the US IRS, so she didn't pay any taxes in the US. Because of this her income statemnet shows taxable income $0 and because of this USCIS have stalled the case though everything is in perfect order according to IRS, it's only mis-comunication from USCIS but nevertheless a major delay that we probably have to bypass with a co-sponsor.

Shortly after we decided to let my wife's mother co-sponsor my application, we decided to end our relationship and the papers was never filed. It has been about 1 month since this happened, we split up as good friends and are now debating whether we can help each other with visa's and because of this we haven't yet filed for divorce. My wife wants a european visa and I would like to get my greencard.

To complicate things, I have not yet gotten my temporary work-permit or parole letter. K-1 is a 1-entry visa, so if I leave the US now, I will not get to enter on the same visa and my application will be cancelled. Because of the break-up (though we're still technically together) I want to go back to Denmark by the end of june.

If i tell my wife to go ahead and let her mother co-sponsor me it is because we decided to go ahead and get her a visa for europe aswell. The sum of this would be that hopefully I would get my parole letter before leaving the US late june and then situation would be me living in Denmark, my wife in the UK as we're applying for my greencard in the US. Is this possible?

Not legally possible!

[elmcitymaven 9,712]

Moved to Effects of Major Family Changes on Immigration Benefits as the post is about the effects of divorce on an AOS petition.

[Otto 83]

Even with AP - if you remain outside the US long enough, your AOS could be considered abandoned - plus there is always the chance you'd (both) be called for an interview (which would cause additional travel/expense-related issues).

The same abandonment issues can arise even if you obtain the PR/Green Card if you were to remain/reside outside the US long enough.

Not sure if there's any good advice there - more of an informational thing which you may already know anyway.

It's not a comfortable place to be for either of you I'm sure.

[diadromous mermaid 36]

I concur with the comments already posted that this is very risky, and you could very well be called for an interview. Besides, how do you plan on demonstrating a US permanent residence if you are not only living abroad, but also estranged from your US wife? Why do you wish a green card if you plan on living in Denmark?

I entered the US september 2008 on a K-1 visa and got married shortly after. We filed all papers straight away and have been very strict living up to all deadlines and regulations. I'm currently awaiting my Adjustment Of Status which has been delayed over and over again because of request for additional proof of support. My wife's income the previous years was earned in the UK and the income was below the taxable limit appointed by the US IRS, so she didn't pay any taxes in the US. Because of this her income statemnet shows taxable income $0 and because of this USCIS have stalled the case though everything is in perfect order according to IRS, it's only mis-comunication from USCIS but nevertheless a major delay that we probably have to bypass with a co-sponsor.

Shortly after we decided to let my wife's mother co-sponsor my application, we decided to end our relationship and the papers was never filed. It has been about 1 month since this happened, we split up as good friends and are now debating whether we can help each other with visa's and because of this we haven't yet filed for divorce. My wife wants a european visa and I would like to get my greencard.

To complicate things, I have not yet gotten my temporary work-permit or parole letter. K-1 is a 1-entry visa, so if I leave the US now, I will not get to enter on the same visa and my application will be cancelled. Because of the break-up (though we're still technically together) I want to go back to Denmark by the end of june.

If i tell my wife to go ahead and let her mother co-sponsor me it is because we decided to go ahead and get her a visa for europe aswell. The sum of this would be that hopefully I would get my parole letter before leaving the US late june and then situation would be me living in Denmark, my wife in the UK as we're applying for my greencard in the US. Is this possible?