We never applied for the GC and going to divorce. What are the consequences?

[Maria&Derrick 22]

Hi.

So I came here on K-1 visa and we got married before my visa expired, but we never applied for the Green Card and are going to divorce because it's not working out as we expected. It's been about 6 months since we got married. What are the consequences of that? Because basically, it means that I stayed here illegally as we never applied for the documents. Will I be banned from entering US again?

[Coco8 1,039]

You were deportable at any time and will still be. 

 

If you leave the US you already have a ban, not sure how long it will be. Even though you got married with the K1 you never AOS. 

 

Is he willing to send the AOS papers right now?

 

This is why it is better to do a spousal visa. A lot of US citizens sponsoring K1s end up being real pieces of work and they leave their significant other hanging. It is unacceptable! 

Edited July 22, 2017 by Coco8

[Roel 7,191]

Well, you cannot do AoS through any other US citizen.

So your options are to either be in the US illegally or go back home.

If you are out of status for over 180 days (but less than a year), you will have a 3 year ban to come back to the USA.

 

[f f 725]

1 hour ago, Coco8 said:

Is he willing to send the AOS papers right now?

that would be just to get a GC and would be fraud. 

 

in short since there is no longer a valid marriage there is no reason the us government should let you get a gc. this is purely the result of both of you waiting to long to file.you knew the conditions when you arrived and since the k1 is a non immigrant visa that allows for immigrant intent so you have no claim to remain.

[xyz12345 260]

fyi from a 2016 post. Still have to see a more recent separate post though.

 

http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

 

 

[Coco8 1,039]

51 minutes ago, f f said:

that would be just to get a GC and would be fraud. 

 

Their marriage was supposed to be bona fide and he wants a divorce 6 months after they got married. This sounds like someone pretty petty that basically does not care about the other person. It would have been fraud if they had applied for a K1 and gotten married for the GC. That is not the case. 

Edited July 22, 2017 by Coco8

[Ebunoluwa 6,136]

The consequences are you have to go back to your country or live in fear of being deported as an illegal if you stay.

[amicablebride 25]

4 hours ago, Maria&Derrick said:

Hi.

So I came here on K-1 visa and we got married before my visa expired, but we never applied for the Green Card and are going to divorce because it's not working out as we expected. It's been about 6 months since we got married. What are the consequences of that? Because basically, it means that I stayed here illegally as we never applied for the documents. Will I be banned from entering US again?

I'm so sorry to hear that things didn't work out  

Well, I'm from Canada which might be different, but when I entered the US on the K1 visa, I asked the customers officers if things didn't work out, can i still come to the US to visit / go shopping / travel. They said yes, absolutely. 

 

But of course, that means you need to follow the rules and go back home as soon as you're able to. Then if you want to come back as a visitor in the future, they might interview you and you can tell them the truth. They will be glad you are honest and followed the rules.

Edited July 22, 2017 by amicablebride

[Lemonslice 4,569]

19 minutes ago, amicablebride said:

I'm so sorry to hear that things didn't work out  

Well, I'm from Canada which might be different, but when I entered the US on the K1 visa, I asked the customers officers if things didn't work out, can i still come to the US to visit / go shopping / travel. They said yes, absolutely. 

 

But of course, that means you need to follow the rules and go back home as soon as you're able to. Then if you want to come back as a visitor in the future, they might interview you and you can tell them the truth. They will be glad you are honest and followed the rules.

Yeah, big difference between marriage not working out and then having an overstay or no overstay.  

[caliliving 606]

You are overstay so the only legal path right now is staying married, working things out and AOS with your current husband.

 

If you decide to seperate you will get a BAN from the USA! it will be 3 years, but really it will be a lifetime ban because of your overstay!!!

 

This is why i think the CR1 is better! because now you have no status iin american and you can ONLY get your greencard from the person that you came here on the K1 with.

 

if you decide to stay, you will be here illegally with no other way to get a greencard even if you meet a new man.  

 

i suggest you try to work out your marriage and petition for the greencard!

[Transborderwife 4,666]

OP if you leave asap you will not have a ban.  Return home

[RO_AH 1,619]

4 hours ago, Coco8 said:

 

Their marriage was supposed to be bona fide and he wants a divorce 6 months after they got married. This sounds like someone pretty petty that basically does not care about the other person. It would have been fraud if they had applied for a K1 and gotten married for the GC. That is not the case. 

This is awful presumptuous of you. In the OP's original post she said we will divorce, it is not working out as we planned.

[Coco8 1,039]

5 minutes ago, RO_AH said:

This is awful presumptuous of you. In the OP's original post she said we will divorce, it is not working out as we planned.

Yes, maybe I am reading too much into it but who would not assist their new spouse in filing for AOS as soon as they married? It is the US citizen's responsibility because he/she is the sponsor. There are plenty of cases on VJ in which the US citizen changes their mind without realizing the consequences for the other person. You are basically asking someone to leave their country, sell everything, to move half around the world and you are going to leave them hanging? Without AOS it means OP cannot even work so she has no money.

 

 

[Hopeful diva 99]

You will have a temporary ban of about 3 years, which is not bad. Your best bet is to leave now and don't overstay any further than you have. 

[Coco8 1,039]

5 hours ago, xyz12345 said:

fyi from a 2016 post. Still have to see a more recent separate post though.

 

http://asianjournal.com/immigration/k-1-fiancee-adjusting-status-after-a-separation-or-divorce/

 

 

By the way, nobody commented on this link. The link says that people on K1 can AOS if they have proof of bona fide marriage even after divorce. 

 

So I'm not sure if saying OP has to leave is the correct advice. 

 

Edited July 22, 2017 by Coco8