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Possible to apply for visa after divorce?

By Arenite in IR-1 / CR-1 Spouse Visa Process & Procedures

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Arenite Newbie

Arenite   0

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

Hi,

It has been suggested to me that it is possible to apply for a "marriage" visa/residency after divorce. I'm a UK citizen and was living in CA (Student visa) a few years back and for a time married to a US citizen. When things fell through I came back to the UK and didn't pursue a marriage visa.

Has anyone ever heard of a visa being pursued after the fact?

Thanks!

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Hi,

It has been suggested to me that it is possible to apply for a "marriage" visa/residency after divorce. I'm a UK citizen and was living in CA (Student visa) a few years back and for a time married to a US citizen. When things fell through I came back to the UK and didn't pursue a marriage visa.

Has anyone ever heard of a visa being pursued after the fact?

Thanks!

no such thing. I think you're (or they're) confusing being able to ROC after divorce (which means you already have one GC) or also filing based on VAWA.

Neither of those things apply to you.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Hollyday Rising Star

Hollyday   122

Posted
Filed: Citizen (pnd) Country: Russia
 Timeline
Posted

What would be the explanation for the authorities to let you in? I mean, if you'd be currently married it'd be reuniting with your spouse. If no, why should you be let in? Just for being married to a citizen in the past?

I'm the beneficiary.

....................................................................................................................................................................

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Arenite Newbie

Arenite   0

Posted
Filed: Other Country: United Kingdom
 Timeline
  • Author
Posted

What would be the explanation for the authorities to let you in? I mean, if you'd be currently married it'd be reuniting with your spouse. If no, why should you be let in? Just for being married to a citizen in the past?

That was the suggestion. I too question it.

What I have found so far is that I would be eligible to pursue a change of status to permanent residency if I held the fiance visa and was married in the time frame, even if divorced in the meantime. Going from student to married to divorced makes it more complicated.

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

You cannot do what you propose. Those visas are for the purpose of family reunification; if you are no longer married then it stands to reason that such reunification is moot.

Edited by Hypnos

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

What would the purpose of your visa be?

and

when you sign in to ESTA and review your eligibility for inclusion in the VISA WAIVER PROGRAM, whatcha see?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

That was the suggestion. I too question it.

What I have found so far is that I would be eligible to pursue a change of status to permanent residency if I held the fiance visa and was married in the time frame, even if divorced in the meantime. Going from student to married to divorced makes it more complicated.

Incorrect. Even with a K1 you would need to be married at the time AOS was approved, or you could be divorced but you would need to file based on VAWA. So I don't know what you think you found but that's wrong too.

Student to married to divorced you would still have been eligible for VAWA (if it applied to you that is). But your divorce and lack of VAWA claim leave you SOL.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

 
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