Awaiting Permanent Status-Talking Divorce

[aaastircrazy 2]

My wife came to Texas from Colombia last June (2010) on a K-1 Fiance Visa (with her 10-year-old daughter). We married in July of 2010. We are now discussing divorce. She wants to stay in the USA. Can she? We have a permanent resident/green card interview in January 2011. Please help! We need information.

[SunDrop 59]

My wife came to Texas from Colombia last June (2010) on a K-1 Fiance Visa (with her 10-year-old daughter). We married in July of 2010. We are now discussing divorce. She wants to stay in the USA. Can she? We have a permanent resident/green card interview in January 2011. Please help! We need information.

Moving from K-1 Process and Procedures to AOS from Family Based Visas due to poster's stage in the process.

[pushbrk 12,968]

My wife came to Texas from Colombia last June (2010) on a K-1 Fiance Visa (with her 10-year-old daughter). We married in July of 2010. We are now discussing divorce. She wants to stay in the USA. Can she? We have a permanent resident/green card interview in January 2011. Please help! We need information.

If you do not attend the interview together and convince the adjudicator you currently have a bona fide ongoing relationship, the adjustment of status will be denied and both your wife and her daughter will be out of status and subject to deportation. A K1 visa holder can only adjust status through marriage to the original petitioner and the K2 child's status depends on their parent's status.

If you believe your wife entered the relationship and marriage in good faith, are willing to assume the sponsorship obligations and go through with the adjustment of status, you are free to do so but I advise you against lying to any immigration official. People have fights and problems (life happens) and often speak of splitting up then change their minds. Fortunately, people in this process have adult decision making power and the associated responsibilities.

[Otto 83]

**Duplicate Topics Merged (may appear out of sync because of this).

[On the Road Again 2]

My wife came to Texas from Colombia last June (2010) on a K-1 Fiance Visa (with her 10-year-old daughter). We married in July of 2010. We are now discussing divorce. She wants to stay in the USA. Can she? We have a permanent resident/green card interview in January 2011. Please help! We need information.

The answer is no based on your parameters. Her status is gained through your marriage. No marriage no status. She will have to return. Something similar happend to me. My wife returned to Colombia after her adjustement (AOS) was apporved. Immigration will send a nasty gram intending to deport her , telling her to report to a Federal courthouse asking her to show cause why she should remain in the USA, and that's if you get the AOS which you don't have. I went as far as traveling to the US Embassy in Bogota to have my former wife sign our divorce papers to prove she left the country.

I am sorry for you situation but not un-common. I know that way more then half of K-1 129F's marriages fail within the first 2 years. All of the group I came thorugh here with several years ago, and that was 6, have failed. Not enough time learning about the other person. My current fiance and I have dated for 3 years, trying to learn from my mistakes, to prevent another tragedy.

[baron555 934]

I am sorry for you situation but not un-common. I know that way more then half of K-1 129F's marriages fail within the first 2 years. All of the group I came thorugh here with several years ago, and that was 6, have failed. Not enough time learning about the other person.

Sorry for you all but these stats may be more country-specific than anything else. Mr region has the majority of relationships still happy and intact after two years.

Agreed that you really need to know about each other before starting the process.

[TracyTN 237]

Moving thread from K1 process forum to effects on family changes forum.

[On the Road Again 2]

Sorry for you all but these stats may be more country-specific than anything else. Mr region has the majority of relationships still happy and intact after two years.

Agreed that you really need to know about each other before starting the process.

That is possible but the overall failure rates are, the K-1 visa cases demonstrates a 32% failure rate while K-3 visa cases demonstrates 12%. All I know is that everybody I know who has filed a K-1 is no longer married and they were not just from Colombia. And that is from 2002 on this board

[dutchtx 1]

Hmmm.....sounds like just plain old relationship problems and not a visa problem or stat...

Let's bring the subject matter back to the orginal post.

Thanks

[Lisa & Vinko 9]

Viewing all of this information is nice, but it really stresses me out. I worry too, about not having enough face to face time with my fiance, and how that will impact. And believe me, I don't think those are unaccurate statistics. Plus, I already have a friend who got her fiance here on a K-1, he's only been here 3 weeks and they are splitting up already...But if I go live with him in Chile, I stand to lose my career, my children, and my family's favor. I am perplexed.

[rlogan 2,036]

That is possible but the overall failure rates are, the K-1 visa cases demonstrates a 32% failure rate while K-3 visa cases demonstrates 12%. All I know is that everybody I know who has filed a K-1 is no longer married and they were not just from Colombia. And that is from 2002 on this board

Hi On the Road Again

Can you please cite where this came from exactly? A survey or what? I'd like to see the source.

It is a higher success rate than what I see cited for US marriages in General (50% divorce) but I would want to do apples-to-apples comparison for number of years since marriage.

In your wife's case it seems she got the 2 year green card and subsequently left without removing conditions herself, which she would have been entitled to do despite the divorce.

Insofar as the OP - yeah, no way for her to legally stay unless an interview were conducted with a showing the marriage was genuine.

People do go through difficult times and make it. But don't do it to get her a green card. It would not be legal and it would also obligate you to supporting her because you will sign that affadavit of support. So unless you feel like paying for her and the new boyfriend's upkeep - don't do it.

[On the Road Again 2]

Let's bring the subject matter back to the orginal post.

Thanks

That was answered many times. Not sure how else you can say "No"

[On the Road Again 2]

Hi On the Road Again

Can you please cite where this came from exactly? A survey or what? I'd like to see the source.

It is a higher success rate than what I see cited for US marriages in General (50% divorce) but I would want to do apples-to-apples comparison for number of years since marriage.

In your wife's case it seems she got the 2 year green card and subsequently left without removing conditions herself, which she would have been entitled to do despite the divorce.

Insofar as the OP - yeah, no way for her to legally stay unless an interview were conducted with a showing the marriage was genuine.

People do go through difficult times and make it. But don't do it to get her a green card. It would not be legal and it would also obligate you to supporting her because you will sign that affadavit of support. So unless you feel like paying for her and the new boyfriend's upkeep - don't do it.

I started on this board in 2002. Not trying to scare anybody. This is a happy process though nerve racking. The truth is many of us rush into this process and do not have the luxury to spend the time needed with our fiances. I'm not trying to convince or show proof to anybody. I sugguest you make many friends on the board keep track of them and wait a few years and see how many are still married. You will have all the stats you need and can formulate your own opinon, And yes my ex-wife could have stayed, she tried but could not surrive on her own and would not take any help from me. So she moved back to Colombia. We still are good friends.

Edited December 30, 2010 by On the Road Again

[sachinky 465]

I can well believe those stats. A large percentage of the K-1s file after a few months of chatting online and a one-week meeting in person. I don't care what anyone says, that's not enough time to know whether or not you're meant to be with that one person for the rest of your life. A lot of people also happen to treat the fiance visa as a 'test-drive visa' so it is really not surprising to see some of those relationship crumble in a short period of time.