Divorce on K-1 Visa

[ricky123 0]

Hi,

I have a strange case. I brought my wife over from India on a K-1 visa. However, since it was an arranged alliance, we soon found out we are not really compatible. I decided to file for divorce and took an InfoPass appointment to discuss my case with the immigration authorities. Bad idea. They made me write a letter right then and there about issues with my wife and took the letter. I basically clarified in the letter that we married in good faith and are not getting along.

She already had her EAD at this point and we were just waiting for her green card. However, things have become tougher between us since then and I have filed for divorce (6 months after our marriage). She likes it here (who wouldn't) but I am not sure after the letter if she'll be allowed to stay here.

The entire divorce process is expected to take around 4 more months and her EAD is valid for another 9 months. My question is, what options does she have after her EAD expires if she wants to continue to stay here?

Also, its been over a month since I gave them the letter and I have not recieved anything from USCIS about the status of the application and I am simply afraid to go back to them now after last time. Can someone please advise the best path forward? It's obvious that I am not in any trouble but it's heart-breaking to see my wife having to go back to a life she is not going to enjoy.

Please advise.

Thanks

Ricky

[Bobby+Umit 161]

So she hasn't gotten the conditional green card yet?

Well - either they will use the info you gave to either (deny the AOS) or (approve the AOS) -

If they deny it, she will have to go home. (since she came here on a K-1)

If they approve it then your wife will have to file to remove conditions from the conditional GC once she gets a divorce (or is divorce, whatever comes first). (she can do that as soon as the divorce is final, no need to wait the 2 years).

You will have to wait to see if the AOS is granted.

For reference - you will still be responsible for the 864 for your wife(ex) - divorce does not alleviate that.

About the EAD - you would proceed with it as normal, ask for a renewal if the AOS is still pending. - However, she will need the AOS approved in order to stay here (not withstanding the removal of conditions) - the EAD does not control her ability to stay in the US.

(So your in a holding pattern till your AOS is adjudicated)

(moving from K-1 to AOS)

Edited January 19, 2010 by Bobby+Umit

[ricky123 0]

Thanks for the quick reply "Bobby+Umit"!

Yes, she does not have the conditional green card yet.

Also, I haven't told my wife about the letter yet as then things might turn real ugly between us and I am trying to avoid that till the divorce. I have really put myself in a corner here.

So from your post, it looks like my best bet is that USCIS approves the AOS (*fingers crossed*). Do you recommend that I should approach USCIS again before the divorce is finalized? Or should I just wait till they contact me?

Thanks again.

Ricky

[Bobby+Umit 161]

Thanks for the quick reply "Bobby+Umit"!

Yes, she does not have the conditional green card yet.

Also, I haven't told my wife about the letter yet as then things might turn real ugly between us and I am trying to avoid that till the divorce. I have really put myself in a corner here.

So from your post, it looks like my best bet is that USCIS approves the AOS (*fingers crossed*). Do you recommend that I should approach USCIS again before the divorce is finalized? Or should I just wait till they contact me?

Thanks again.

Ricky

"Let sleeping dogs lie..."