Married through K1 for less than a year, looking like separation..

[hellomello 0]

Hello. Need some advice on legal processes. I, the citizen married this year through the k1 process. Unfortunately, as time passed, we became incompatible. She has her temp green card already. From what i hear, divorces in California take at least 6 months to finalize. Would the visa holder have to leave as soon as the papers are signed and submitted to the courts, or until it is actually finalized? As far as notifying uscis, what process or steps should be taken? Thanks again.

[Cathi 5,639]

After the divorce is final she can remove conditions on her own. She does not have to leave to go home, she can stay as long as when she removes conditions she has proof that the marriage was entered to in good faith.

[hellomello 0]

Her plan is to go home anyways. She doesn't want to stay here from my understanding. Seeing that I am probably liable for her, I just wanted to make sure what the rules/laws are as far as when she has to leave.

I'm sure she wants to work a little longer to save a few bucks. But the question lies on whether she can stay till the divorce is finalized, or once it's submitted.

[Harpa Timsah 13,258]

She can leave whenever she wants. After she gets home she can formally abandon her GC at the US consulate/embassy in her country.

[mai95 4]

It is her choice to stay or leave, she can self petition to remove conditions (as others have said above)
You are liable for 10 years, she becomes a citizen, or moves back home and abandon her green card. (she does not have to do anything to do that just stay out of the US too long it is automatic)

[lala7500 8]

Seems to me u the one who want her to leave, so u coming on here trying to find ways to get

Her from there once the divorce is final

[hellomello 0]

I think you're getting the wrong idea Lala7500. Whatever she does is fine. I assumed that since she got her 2 year temporary green card due to marriage, if for some reason it did not work out before the 10 yr green card or citizenship, we would have to let the immigration know. With that said, I was was aware she could stay given proof marriage was legitimate, which is not a problem. But I don't think she wants to stay here permanently.

[hellomello 0]

Let me just give an example. Lets say for instance we got submitted divorce papers in January 2014. Say it was finalized in July, but she only wants to stay till December, does she need to petition to remove conditions to stay till December, considering her gc isn't expired yet? Or can she just stay and go home in December?

[belinda63 2,993]

She has 90 days after the divorce is final to file to remove conditions or up to 90 befoe her current green card expires, but prior to it expiring whichever is sooner.

If on the date the divorce is final her green card is still valid for one year....she will need to file to remove conditions no more than 90 days after the divorce was final.

If her green card is within 90 days or less of expiring and the divorce is not final she will file to remove conditions.

She can remain as long as she wants, all she has to do is remove conditions.

[NigeriaorBust 4,087]

If she wants to leave the country she can today. It s a bit easier if the divorce papers are served before she leaves. If she isn't contesting the divorce she doesn't need to stay. She can stay if she wants it is up to her.

[KayDeeCee 4,893]

~ Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits - topic not about K-1 process and fits best there ~

[lala7500 8]

So if you are so concern about her stayin a bit longer to earn a little to go back home...why not wait a bit longer before divorcing here then?

[Zedayn 485]

It is her choice to stay or leave, she can self petition to remove conditions (as others have said above)

You are liable for 10 years, she becomes a citizen, or moves back home and abandon her green card. (she does not have to do anything to do that just stay out of the US too long it is automatic)

Just to clarify, you are not liable for 'just 10 years'... you are liable for 10 years of her working. If she doesn't work for 10 years, then you still have that obligation. The obligation ends after she has 40 quarters of work (10 years).

And just because she says she wants to leave, or even will, doesn't mean she will actually do it.

[David & Diana R 1,005]

Her plan is to go home anyways. She doesn't want to stay here from my understanding. Seeing that I am probably liable for her, I just wanted to make sure what the rules/laws are as far as when she has to leave.

I'm sure she wants to work a little longer to save a few bucks. But the question lies on whether she can stay till the divorce is finalized, or once it's submitted.

She does not "HAVE" to go home. She can stay. She can also leave at any time. Doesn't need your permission or blessing. She doesn't have to wait around for divorce to finalize.

[JayJayH 546]

If she does not plan to or take action to remove conditions, the latest day she can stay is 90 after the final divorce decree, or the two year anniversary of her conditional green card, whichever comes first.