Divorce before handing in I-485

[Sakuran 0]

hi

i entered into USA with K1 status. and we got married within 90 days of entry.

but i found a serious problem with my husband. so we are talking about divorcing now.

I have filled out all of the applications(I-485,I-131,I-765) and supporting documents. and i was about to send them out. but something happened to us..... so i will not send the applications. After divorce, i will go back to my country as soon as possible.

what i am worried is that my I-94 is expired now and if i can stay in USA until divorce is finalized? and if i need to fill out some paper to let USCIS know we are divorced? I concern to be 'Out of Status'.

I am going to ask a lawyer soon. i am very shocked now and need someone to share the feeling.

thank you.

[NigeriaorBust 4,087]

You are out of status and accruing out of status time. You can hire an attorney and he can process the papers , if you sign a power of attorney you can make someone else capable to sign for you , or you can play the send papers back and forth game. Things happen for a reason and your life will be better in the long run,

[YuAndDan 153]

Moving to Major family issues and effects on immigrations.

[JimVaPhuong 4,863]

hi

i entered into USA with K1 status. and we got married within 90 days of entry.

but i found a serious problem with my husband. so we are talking about divorcing now.

I have filled out all of the applications(I-485,I-131,I-765) and supporting documents. and i was about to send them out. but something happened to us..... so i will not send the applications. After divorce, i will go back to my country as soon as possible.

what i am worried is that my I-94 is expired now and if i can stay in USA until divorce is finalized? and if i need to fill out some paper to let USCIS know we are divorced? I concern to be 'Out of Status'.

I am going to ask a lawyer soon. i am very shocked now and need someone to share the feeling.

thank you.

Looks like things were not working out even before you got married.

http://www.visajourney.com/forums/topic/290453-cancellation-of-k1-status-after-entering-the-usa/

You don't have to notify USCIS about anything. The K1 is a non-immigrant visa. After entering the US there is no additional automatic processing by USCIS. The onus would be on you to take the next step, which is adjustment of status. If you don't take that step then USCIS won't do anything else.

If you want to avoid any potential future problems with US immigration authorities then you should leave as soon as you are able. You should definitely try to leave before you've accumulated more than 180 days of overstay, as you'd incur a three year ban from returning to the US. Once you've hired an attorney then the attorney can usually handle your divorce in your absence. You should be able to return with a visitor's visa in the event you need to be present for a court hearing or to sign documents. You don't need to remain in the US to get a divorce.

[Haarp425 26]

hi

i entered into USA with K1 status. and we got married within 90 days of entry.

but i found a serious problem with my husband. so we are talking about divorcing now.

I thought you love him. Did you try Marriage Counseling first?

Typically, it is a culture shock for someone who have not visited the USA before and then move here in the USA to stay.

If you love somebody, try to work it out first. If he has some issues, can you have him helped?

If you have made up your mind and there is no chance of reconcilation, make sure the terms of divorce is fair.

[JimVaPhuong 4,863]

If you have made up your mind and there is no chance of reconcilation, make sure the terms of divorce is fair.

They've only been married about a month. Most states consider a "fair" way to dissolve a marriage that short is for both parties to simply go their separate ways. Maybe the courts will ask her husband to pay her airfare home, but I wouldn't expect much beyond that.