K1 Adjustment of status pending still, and marriage failed

[lillyz 0]

Hi everyone, 

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me. 

He proposed to do an annulment of our marriage. 

I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer. 

My question is :is there any specialist of immigration that can help me for free or for cheap? I am in Washington Seattle state. 

- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me? 

 

 

 

[Crazy Cat 39,257]

I would not allow an annulment.......I would insist on a divorce agreement........

[Ben&Zian 4,397]

8 minutes ago, lillyz said:

Hi everyone, 

After coming with k1 visa, being married for only 2 mounths, my partner admitted that he had feelings for someone else, and that he cheated on me ,and that he made a mistake marring me. 

He proposed to do an annulment of our marriage. 

I sent my adjustment of status 2 mounths ago, and still waiting for my work and travel permit, and green card that will take even longer. 

My question is :is there any specialist of immigration that can help me for free or for cheap? I am in Washington Seattle state. 

- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me? 

 

 

 

 

Annulment means it never happened essentially. And if your USC spouse pulls the affidavit of support (I-864) really unless you can claim some abuse or something (and him cheating isn't abuse either) there isn't much option in sense of you staying honestly.

 

For me, after just two months, not like you gained much here, for most it's easier still back in home country.

Edited April 4, 2019 by Ben&Zian

[geowrian 22,335]

9 minutes ago, lillyz said:

- To know my rights,and know what are the options I have: if I can stay in USA or come back to my country where I left everything I had ( job, good social status etc).

- Is there a way to get my green card other than the marriage?

-Is divorce or annulment better for me? 

You can technically remain in the US until AOS is denied. Once he pulls the I-864, AOS must be denied, although it may take USCIS some time to go through the process.

You can leave the US at absolutely any time you want.

 

There is no legal path to remain in the US indefinitely short of VAWA (and cheating doesn't qualify). This is a hard restriction of the K-1 visa.

 

Seek professional assistance with any family law/divorce issues. Protect yourself. Annulment vs divorce is basically a preference - one does not grant additional benefits.

[Roel 7,191]

Pretty much if you divorce (or get annulment), you have no legal path to remain in the US.

K1 visa holders can ONLY adjust status through their petitioners.

 

If any immigration lawyer will tell you otherwise, don't believe them.

[Boiler 43,437]

Seems you have 2 issues, Divorce and that should net be that complicated and planning your return home.

[Ontarkie 13,917]

~~Moved to Effects of Major Family Changes, from ROC - THe OP has not Adjusted status and similar threads are discussed here.~~

[nastra30 1,984]

OP- If spouse doesn't pull the I-864 support, then the AOS will proceed normally. If he pulls I-864, then your only course of action is to return home. IMO, choose divorce over annulment. 

[lillyz 0]

Thank you guys for all the answers. I appreciate it.

Do you guys have an idea about any free or cheap  help? To prepare my back trip in good conditions. I have no idea about the laws here. 

[Ben&Zian 4,397]

10 minutes ago, lillyz said:

Thank you guys for all the answers. I appreciate it.

Do you guys have an idea about any free or cheap  help? To prepare my back trip in good conditions. I have no idea about the laws here. 

 

Can simply search for lawyers there. As to "prepare trip back", as mentioned, you can honestly leave whenever you want to. If you wish to stay and get divorce/annulment papers signed you can, then literally can just leave. There is no restrictions on your ability to go whenever you want to honestly.

[portorusa 431]

Lillyz, read a different topic here called "How to end relationship", there is a USCIS policy quote there that may be a solution to your situation.

[Boiler 43,437]

You just need a ticket and your passport.

[RLA 323]

1 hour ago, Ben&Zian said:

As to "prepare trip back", as mentioned, you can honestly leave whenever you want to. 

She's not a tourist who's considering to cut her overseas trip short.  She's about to move back to her home country.  There's more to a move than packing her suitcase and buying a ticket.  Preparing a move takes time and effort to prepare, and a usually also quite a bit of money.  She needs to make sure that she's got a place to stay back in her home country; she might have stuff that needs to be shipped; and she'll definitely want to find a lawyer here who will represent her interests in the upcoming divorce.  All of that needs to be arranged before she leaves because she won't be allowed to return in the foreseeable future.  I can understand that she'd like some help with that, especially as she seems to be short on cash.  That's my take on "prepare my back trip in good conditions". 

[Boiler 43,437]

Op has not shared personal circumstances and we would be guessing to assume what that is or whether she can visit the US.

 

Normally a 2 month marriage well what would there to be done except the legalities, now there could be something unusual which has not been mentioned.

 

 

[treppenwitz 78]

4 hours ago, nastra30 said:

OP- If spouse doesn't pull the I-864 support, then the AOS will proceed normally.

In the other thread @geowrian said it's possible but very hard:

8 hours ago, geowrian said:

A K-1 visa holder can AOS even with divorce as has been determined in Matter of Sesay. However, they must prove that not only the marriage was bona fide (a hard showing), but it still requires as I-864 from the original petitioner.

Especially for a short marriage.

 

To the OP: Below is the relevant part of the USCIS Policy Manual https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

Quote

Marriage Legally Terminated

A nonimmigrant fiancé(e) who contracts a valid and bona fide marriage to the U.S. citizen petitioner within the requisite 90-day time period remains eligible to adjust status on that basis, even if the marriage is legally terminated (whether by death, dissolution, or divorce) prior to adjustment of status and regardless of whether the nonimmigrant fiancé(e) remarries thereafter. The applicant remains subject to all conditional permanent residency requirements, if applicable.