D o you have to stay married 2 years to AOS on a K-1 entry?

[vadelice 0]

I have posted here before and my friends wife is having a lot of problems in their marriage. She is worried because her husband wants a divorce right away. She has been here about a year and married for about 6 months. Does she need to stay with him if they have fights often. It seems beyond repair. I also know the green card she received is conditional. What are her options? Can she divorce now before 2 years? If so will she need to return to her home country if she wants to stay here?

[ceadsearc 516]

She can divorce him and when it comes time to file for her removal of conditions, she can apply for a waiver based on the divorce. She will need to prove that her marriage was entered into in good faith, however, and not for fraudulent purposes.

[Bsze 50]

Wait, if she entered on a K1 a year ago and has only been married for 6 months... She might have violated the 90 day rule. Someone correct me if I'm wrong or maybe the timeline is off.

[Inky 1,111]

She already has her green card there is NO AOS. AOS is to get the green card.

She would file removal of conditions with a waiver because she is divorcing.

[vadelice 0]

Wait, if she entered on a K1 a year ago and has only been married for 6 months... She might have violated the 90 day rule. Someone correct me if I'm wrong or maybe the timeline is off.

What is the 90 day rule?

[tan&tuyet 15]

What is the 90 day rule?

I think they are talking about the 90 days BEFORE your temporary green card expires. They is when you have to go to a removal of conditions interview to get your 10 year GC

[Belizean 0]

I think they are talking about the 90 days BEFORE your temporary green card expires. They is when you have to go to a removal of conditions interview to get your 10 year GC

No, they are talking about when you enter the US on a K1 visa, you need to get married within 90 days of entry. So if she had entered the US on a K1 visa a year ago, but only married 6 months ago, then she got married 3 months after the 90 day deadline of the K1 visa. But perhaps the OP is just estimating the time frames (saying a year instead of 9 months).

[JimVaPhuong 4,863]

A K1 who marries after 90 days is still eligible to adjust status. They just aren't eligible to adjust based on the K1. They'd need to file an I-130 with the I-485.

[Penguin_ie 5,994]

***** Moving from AOS to Removing of Conditions (ROC) forum as OP stated the person already had a conditional greencard *****

[Bobby+Umit 161]

She can divorce him and when it comes time to file for her removal of conditions, she can apply for a waiver based on the divorce. She will need to prove that her marriage was entered into in good faith, however, and not for fraudulent purposes.

She doesn't have to wait for the time to file for ROC - if she divorces prior to the 90 days of the expiration - as soon as the divorce is final and she has the paper in her hand, she can file ROC.

[gland 5]

What is the 90 day rule?

If you come on a k-1 visa you must marry within 90 days of entering the country or you will be deported.

[Que Saudade 284]

If you come on a k-1 visa you must marry within 90 days of entering the country or you will be deported.

Your post is not 100% correct. You CAN marry after the 90 days, you just have to jump through different hoops. To say you will be deported after 90 days without marrying is not an accurate statement at all and is misleading to others who may be reading this.

[Brother Hesekiel 2,236]

Guys,

she already has a Green Card, okay?

Vadelice,

as seadcearc already stated correctly, she should file for divorce as soon as possible if that is what she intends to do. Depending on the state she lives in, divorce can go quickly or take time and time, and time is what she needs right now on her side. Ideally her divorce is final when her window for Removal of Conditions (RoC) via form I-751 opens, which is 90 days before her Green Card expires.

As soon as she is divorced, she can and she should file for RoC, even if it's before the 90-days proceeding the expiration of her Green Card. She will file alone without her ex-husband but with a waiver instead, which is nothing else than marking a field on the form itself. If she can proof that she ENTERED the marriage in good faith, she will get her unconditional Green Card regardless of the divorce.

Edited October 2, 2011 by Just Bob

[ceadsearc 516]

She doesn't have to wait for the time to file for ROC - if she divorces prior to the 90 days of the expiration - as soon as the divorce is final and she has the paper in her hand, she can file ROC.

Sorry, I should have been more specific. She does need to wait for a "time" to file but whether or not that is the 90 days before her green card expires depends. Her divorce needs to be finalized prior to filing, so depending on how long that takes (in my state, it takes a year), it may be that she is already in the time period when she would normally file for ROC. It may also be that she is not yet at the 90 days prior, in which case she could go ahead and file early.

[gland 5]

Your post is not 100% correct. You CAN marry after the 90 days, you just have to jump through different hoops. To say you will be deported after 90 days without marrying is not an accurate statement at all and is misleading to others who may be reading this.

not sure where your getting that. Everything I have read on k-1 visa says you must marry within 90 days.