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jj970

K1 Obtained. No I-485 Filed. Left US.

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Hey, 

I'm not sure if this is a common situation or not.  Certainly a search didn't reveal an easy answer.

 

Colombian friend got a K-1 visa and married her American sponsor April 2017 in Broward County, Florida.

 

Then for whatever reason, he wanted to go back to Colombia so they did.  They never applied to adjust her status via I-485.

 

They both live in Colombia now.  

 

She cheated on him.  He won't speak to her.  They haven't talked since November 2017.

 

Does anyone know what recourse she has either to file for a green card or to get a divorce?

 

Since she can't get back into the US and he's not there either, seems like divorce is near impossible.

 

Thanks for any replies.

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4 minutes ago, jj970 said:

Hey, 

I'm not sure if this is a common situation or not.  Certainly a search didn't reveal an easy answer.

 

Colombian friend got a K-1 visa and married her American sponsor April 2017 in Broward County, Florida.

 

Then for whatever reason, he wanted to go back to Colombia so they did.  They never applied to adjust her status via I-485.

 

They both live in Colombia now.  

 

She cheated on him.  He won't speak to her.  They haven't talked since November 2017.

 

Does anyone know what recourse she has either to file for a green card or to get a divorce?

 

Since she can't get back into the US and he's not there either, seems like divorce is near impossible.

 

Thanks for any replies.

Since she left the country, She's without a path to residency based on this scenario 


YMMV

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3 minutes ago, jj970 said:

Hey, 

I'm not sure if this is a common situation or not.  Certainly a search didn't reveal an easy answer.

 

Does anyone know what recourse she has either to file for a green card or to get a divorce?

 

Since she can't get back into the US and he's not there either, seems like divorce is near impossible.

 

Thanks for any replies.

Definitely not super common but it's happened before.

 

She has kissed her chances for a green card goodbye.

 

Dunno anything about divorce. But can't the husband still file through a stateside lawyer while remaining in Colombia??

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7 minutes ago, jj970 said:

Any thoughts on how she could get a divorce?

Many places have the ability to acquire a divorce with an absentee spouse.   Need to check local laws

Edited by payxibka

YMMV

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No path to US residency exists through the nearing-dissolved marriage.

Divorce is a family law issue...one does not need to live in the US to dissolve a US-based marriage. A local attorney can file for divorce in Colombia.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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*** Moved from K-1 Fiance(e) Visa Process & Procedures  to "Effects of Major Family Changes on Immigration Benefits" ***

This is a divorce issue.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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