In the event of leaving (as in, legally separating from) your USC spouse before you submit AoS paperwork?

[Zerce 0]

Hello everyone

 

As the title says; what to do if you are separating from your US citizen spouse AFTER marriage but BEFORE adjusting status. 

 

We got married within the 90 day period on the K1 visa, but are now unsure whether we are staying together.  We have almost completed the AoS package but aren't sure we should spend twelve hundred dollars on paperwork that may turn out to be moot anyway. We still love each other, but the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result, in every way including financially.

 

We are still working on it however and have not lost hope entirely. 

 

Meanwhile we have a couple questions that we hope to get help from the fine folks here.

 

1) Is there any time limit for filing for AoS?  

 

2) We live in a state that requires both parties to attend a divorce hearing.  If we do separate before I adjust status, and ultimately divorce, will my lack of a residency permit or even an Advanced Parole card cause problems at the border when I need to return to attend the hearing? (I am from Canada if that makes any difference.)

 

We've both lost so much time, money, sleep, sweat, tears and effort over this process, we just want the hurting to stop now.

 

Thanks in advance for any thoughts, help or advice.

 

 

[Roel 7,192]

15 minutes ago, Zerce said:

Hello everyone

 

As the title says; what to do if you are separating from your US citizen spouse AFTER marriage but BEFORE adjusting status. 

You're going back home. There is NO WAY for K1 holder to EVER adjust status through anyone else but the petitioner spouse.

 

15 minutes ago, Zerce said:

 

We got married within the 90 day period on the K1 visa, but are now unsure whether we are staying together.  We have almost completed the AoS package but aren't sure we should spend twelve hundred dollars on paperwork that may turn out to be moot anyway. We still love each other, but the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result, in every way including financially.

 

We are still working on it however and have not lost hope entirely. 

 

Meanwhile we have a couple questions that we hope to get help from the fine folks here.

 

1) Is there any time limit for filing for AoS?  

No. But you're considered to be out of status and deportable, until you file.

 

15 minutes ago, Zerce said:

 

2) We live in a state that requires both parties to attend a divorce hearing.  If we do separate before I adjust status, and ultimately divorce, will my lack of a residency permit or even an Advanced Parole card cause problems at the border when I need to return to attend the hearing? (I am from Canada if that makes any difference.)

Of course. You'll need to apply for a visa to come back. B1 or B2 visa I suppose. No one will let you in the US without a valid document.

 

15 minutes ago, Zerce said:

 

We've both lost so much time, money, sleep, sweat, tears and effort over this process, we just want the hurting to stop now.

 

 

I mean, if you feel like you're not happy, then divorce BEFORE YOU LEAVE US. Then just leave.

If you feel there's is hope, participate in some kind of couple counseling.

[Unlockable 7,315]

The K1 is very strict with its guidelines. You can't adjust status from anyone other than the person that petitions you. You would have to return to your home country and if you want to immigrate to the US, you will have to do it by another visa.

 

To quickly answer your questions,

1. No. There is no time limit to adjust status. but it is heavily advisable to do it as soon as you are capable after marriage.

2. Yes, there will be problems. Your stay and status in the US is contingent upon you being married to a US citizen. It is the whole reason your husband had to send tons of evidence to immigration. Without a US citizen who is petitioning you, you would not be here on that visa.

[Zerce 0]

2 minutes ago, Roel said:

Of course. You'll need to apply for a visa to come back. B1 or B2 visa I suppose. No one will let you in the US without a valid document.

Tourist visas are not required for Canadian citizens. Canadian citizens only need to use their passports to cross the US border to visit or vacation.

 

4 minutes ago, Roel said:

then divorce BEFORE YOU LEAVE US. Then just leave.

It will be difficult if not impossible to divorce before I leave, given that I would have to continue to live with and be completely dependent upon the USC during the process.  Money is a big issue. I don't have a job, can't get one and can't afford separate accomodation unless I return home.

 

Thanks very much for your help anyway.

 

[Zerce 0]

2 minutes ago, NuestraUnion said:

. Yes, there will be problems. Your stay and status in the US is contingent upon you being married to a US citizen. It is the whole reason your husband had to send tons of evidence to immigration. Without a US citizen who is petitioning you, you would not be here on that visa.

I'm sorry I don't understand what you're getting at. I know WHY I'm here, I'm not asking how I got here.

 

I'm asking if there will be any problems crossing the border FROM Canada if I leave the US, but need to return here for a divorce hearing.

[Unlockable 7,315]

20 minutes ago, Zerce said:

I'm sorry I don't understand what you're getting at. I know WHY I'm here, I'm not asking how I got here.

 

I'm asking if there will be any problems crossing the border FROM Canada if I leave the US, but need to return here for a divorce hearing.

Likely, yes.

 

The reason being is that once you are given a K1 visa, visitor visas and vwp/esta are cancelled. That is why you apply for authorization to travel when you apply for AOS. 

 

If you don't apply for AOS and subsequently the AP (authorization of travel), then you have no basis to reenter the US.

Edited July 2, 2018 by NuestraUnion

[Unlockable 7,315]

22 minutes ago, Zerce said:

Tourist visas are not required for Canadian citizens. Canadian citizens only need to use their passports to cross the US border to visit or vacation

Once you entered in the US on a K1, this privelege of not needing a tourist visa is removed.

 

This is why i said earlier the process is very strict.

Edited July 2, 2018 by NuestraUnion

[Zerce 0]

13 minutes ago, NuestraUnion said:

Once you entered in the US on a K1, this privelege of not needing a tourist visa is removed.

 

This is why i said earlier the process is very strict.

Okay, I see. Thank you very much.

[javadown2 308]

4 hours ago, Zerce said:

Hello everyone

 

As the title says; what to do if you are separating from your US citizen spouse AFTER marriage but BEFORE adjusting status. 

 

We got married within the 90 day period on the K1 visa, but are now unsure whether we are staying together.  We have almost completed the AoS package but aren't sure we should spend twelve hundred dollars on paperwork that may turn out to be moot anyway. We still love each other, but the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result, in every way including financially.

 

We are still working on it however and have not lost hope entirely. 

 

Meanwhile we have a couple questions that we hope to get help from the fine folks here.

 

1) Is there any time limit for filing for AoS?  

 

2) We live in a state that requires both parties to attend a divorce hearing.  If we do separate before I adjust status, and ultimately divorce, will my lack of a residency permit or even an Advanced Parole card cause problems at the border when I need to return to attend the hearing? (I am from Canada if that makes any difference.)

 

We've both lost so much time, money, sleep, sweat, tears and effort over this process, we just want the hurting to stop now.

 

Thanks in advance for any thoughts, help or advice.

 

 

I don't see the relevence of the "current" administration being a reason for your visa process being so "hard" on your relationship. Almost everyone goes through some sort of hardship while waiting for their visa to be approved. 

 

Either way like others have said, just get your divorce and be ready to go back to Canada and then you will be free of the "current" administration won't you! lol

[Peot 161]

5 hours ago, Zerce said:

Tourist visas are not required for Canadian citizens. Canadian citizens only need to use their passports to cross the US border to visit or vacation.

 

This is true, but when entering the US, you still need to go through customs, and you will still need to be permitted entry through business/tourist process. In your passport, they will stamp it with the appropriate "B1/B2" stamp and usually also include maximum date you can stay until. This acts as your "tourist visa" in place of the physical document.

 

It's all besides the fact though - whether you need a visa beforehand or whether you get permitted at the port of entry itself, you will need to apply for admission into the US again. Expect scrutiny - expect to show you have ties to Canada (and at the very least a return ticket).

[Sunnyland 639]

OP. What do you mean by "the current administration caused so many delays and problems in our visa journey that our relationship has suffered as a result..."? 

I don't see you have a timeline but you said you are from Canada. Hardly a high fraud country that could cause you a delay for that. 

Many couples have to separated while doing K1s or even spouse visa.. Like it was my case when doing the K1. We could not see each other for more than a year. With me not having a tourist visa and he busy working a new job with no vacation time during his first year. We had to work it out with Skype, calls, etc. It sucked but it did make our relationship stronger.

If you still love each other, then try to work it out. Now that you guys are together in the same territory. 

[Boiler 45,657]

Also wondering what the current administration has done, I see you chose the K1 route and if work/money was the big issue a CR1 would seem more logical.

 

You can file in Canada, he can file in the US, whatever is best for you, a quick marriage so should be a relatively simple and cheap process.

[Rusty72 68]

10 hours ago, Zerce said:

I'm sorry I don't understand what you're getting at. I know WHY I'm here, I'm not asking how I got here.

 

I'm asking if there will be any problems crossing the border FROM Canada if I leave the US, but need to return here for a divorce hearing.

Not from Canada because you do not need a visa to enter the usa from canada

Edited July 3, 2018 by Rusty72

[Rusty72 68]

10 hours ago, NuestraUnion said:

Once you entered in the US on a K1, this privelege of not needing a tourist visa is removed.

 

This is why i said earlier the process is very strict.

Since when?

[Emily975 11]

I think a lot depends on your 90 alotted days.

 

If you leave before 90 days are up then you're ok.

If you stay past the 90 days (and not file for AOS) you start accumulating overstay. At some point you will get a ban.

 

So... your possibilities:

- Leave before 90 days that you are allowed on K1 is up and re-enter at later date for divorce proceedings;

- File for AOS and work on your marriage;

- Don't file for AOS and work on your marriage but keep in mind you are deportable and are accumulating overstay. If you decide not to go forward with AOS you might get a ban (if you stayed long enough past 90 day mark).